Running head COMPLIANCE SCENARIOS 1 Compliance Scenarios Daqwander Pavloff Legal Aspects of Health Management Lori Janello 30th May 2020 COMPLIANCE SCENARIOS 2 Compliance Scenarios Brief Restatement of the Scenario In the case involving O Neil v Montefiore Hospital highlights the duty not to abandon patients by treating them in an emergency Mr O Neil arrived at Bronx Country Hospital and was presented to the emergency room due to chest pain Due to Mr O Neil being registered with the Hospital Insurance Plan HIP which the hospital does not have a connection with the nurse at the emergency room did not provide care to the HIP patients Later on the nurse used a telephone to contact Dr Craig to explain the symptoms of the patients where the Doctor suggested the patient visit HIP physician Thus the emergency room nurse discharged Mr O Neil with instructions to seek care from a participating physician once the clinic opens The case involving Hastings v Baton Rouge Hospital highlights the duty to stabilize The case arises due to the wrongful death of 19 year old Cedric Hastings Cedric had stab wounds and upon being brought to emergency room physician Dr Gerdes the advice was that there was a need for thoracotomy Through the call Dr Gerdes reached Dr McCool who was a thoracic surgeon The advice of Dr McCool was to be transferred to another hospital to perform the procedure However according to Dr Gerdes the transfer was not necessary as the patient was under critical condition The patient expired due to the loss of blood during the process of transfer Recommendation Alternative Solution Different elements hold the hospital liable for malpractice based on the two scenarios First there was the establishment of the doctor patient relationship and another thing is that there was the abandonment of both patients when they needed medical attention Also if the COMPLIANCE SCENARIOS 3 abandonment of the patient resulted in them suffering an injury is a form of malpractice Therefore there could be no imposing liability of medical malpractice if a physician patient relationship was absent Cygan v Kaleida Health 51 A D 3d 1373 1375 2008 COMPLIANCE SCENARIOS 4 Reference CYGAN v KALEIDA HEALTH Appellate Division of the Supreme Court of the State of New York Fourth Department 2008