BHM 443 -Legal Aspects of Health Care (Module 4-SLP) - Essay Example

The case is about wrongful death and dependent abuse action which was filed against the owner and operator as well as the physician consultant. The plaintiffs were the parents of the deceased as well as the son of the deceased in his capacity as successor-in-interest. The parents filed a wrongful death cause of action while the son filed dependant adult abuse survival cause of action. The case happened last 2005 in the state of California wherein the victim was a 33-year old resident in a mental rehabilitation facility.

According to the article of Abramson, Smith, and Wildsmith, the patient’s mental illness is Schizoaffective Disorder, bipolar type, with paranoia (2009).The case was rather simple and the death of the victim could have been prevented. In fact, the cause of his death resulted from Clostridum difficile infection ( complication of antibiotic therapy ). The patient had dental abscess in which the doctor prescribed antibiotic therapy. Due to the aforementioned infection, the patient experienced severe diarrhea for five days that led to dehydration and shock.

Unfortunately, the doctor did not even suspect that the cause could have been the antibiotics administered to the patient that led to C. dif infection. Later, the patient was transferred to Eden Medical Center since he was already in shock and undergoing respiratory distress on November 24, 2005. He died the following day and the coroner’s report showed that his death was the result of “cardiovascular collapse due to clostridium difficile infection.”What is unfortunate here is the fact that the patient’s death was not related to his mental illness nor its symptoms.

Moreover, other medications such as Flagyl could have prevented the diarrhea if only the physician checked the charts well and studied the prolonged cause of diarrhea. The main plaintiff are the parent’s of the deceased since he has no spouse and no children. California law stipulates that :“a cause of action for the death of a child who leaves no surviving spouse, issue, or issue of deceased children, caused by the wrongful act or neglect of another, may be asserted by decedents parents.

”( CCP Section 377.60(a), Probate Code Section 6402, Nelson v County of Los Angeles (2003) 113 Cal.App.4th 783).The case was a clear manifestation of neglect from the doctor’s side since she did not even consider the idea that Clostridum difficile could have caused the diarrhea considering that the doctor was even a medical internist. The facility was also sued ( vicarious liability ) since the staff did not even inform the doctor that the patient’s condition worsened as he began soiling his sheets frequently.

Indeed, the trial lawyers Abramson Smith Waldsmith were right in their argument that:“The present case alleges medical negligence against defendant doctor causing the death of decedent, and reckless neglect against both defendants doctor and the facility also contributing to the death as well as his own pre-death personal injuries. It is clear under W&I Code section 15657(b) that decedent’s noneconomic survival damages based on his claim of dependant adult reckless neglect are limited to $250,000 under MICRA” ( 2009)The plaintiffs were given a settlement of $218,500 by the court but the economic hardship and emotional loss of the parents could never be compensated by that amount.

WORKS CITED $218,500 Mediated Settlement in Wrongful Death Dependant Adult Neglect Case.Retrieved from http://www.aswllp.com/CM/Custom/ADULT-NEGLECT- on June 7, 2009.CCP Section 377.60(a), Probate Code Section 6402, Nelson v County of Los Angeles (2003) 113 Cal.App.4th 783).