Drs. Allison Jones and Emily Johnson will have to abide by several standards when attempting to open their practice in Tesson, Allstate, particularly in regard to their desire to enlist a physician's assistant to do many of their main undertakings in the new their office, especially as he/she will be dealing with the high incidence of farming and hunting injuries expected in that area. In order for the venturing physician's to be successful, and avoid action from The Board of Healing Arts, which supervises the licensing and discipline of physicians in Allstate, they will have to comply with Board-specific laws authorizing the use of physician assistants. In order to avoid problems, they should comply with the following Board statement in regard to enlisting a P.A.
[...] A medical provider must respond quickly to restore the flow of oxygen, or suction the meconium out of the lungs, and in this case the doctor was clearly impaired. Medical personnel are required, by law, to do everything in their power to reduce the amount of harm to the mother and her child. Clearly, the injuries caused at birth are legally considered malpractice when a doctor either 1. directly causes an injury (not the case in this scenario, or 2. [...]
[...] PMID 11758290. Coulehan JL, Block MR (2005). Mastering Skills for Clinical Practice (5th ed.). F. A. Davis. Institute of Medicine at the National Academies of Science, 2004-01-14 The Four Elements of Medical Malpractice. Yale New Haven Medical Center: Issues in Risk Management Retrieved 1997. Preparing Plaintiff's Expert in the Post Kuhmo Era, Anthony H. Gair Tancredi LR, Giannini AJ (December [...]
[...] Standard of care need to only be proved by expert testimony, but can also be proved through what is legally known as ipsa loquitur,” or obvious error.” Such is the case of the doctor and the mid-wife. She will also need to prove that the breach caused an injury, in other words, that the doctor's drunkenness was the proximate cause for the injury. This may be more difficult to prove, in her case. Finally, she must show that there are clear damages, another easily provable component, as the damage is the death of her own son. [...]
[...] Specifically, a PA may do other services and procedures, according to the Board, such as: Take patient histories Do physical examinations of a patient Do office laboratory and screening procedures Conduct therapeutic procedure Recording diagnostic impressions Counsel patients regarding mental and physical health Assist the supervising physician in institutional settings Assisting in surgery And, performing such other tasks not prohibited by law under the supervision of a licensed physician Proscribe drugs that have been pre-approved by the Board of Health Arts Problem: The Birthing Center Rosa Hernandez has a very strong case against the doctor and should file a tort suit for damages for the death of her infant during delivery at the Hastings Birthing Center. [...]
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