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Running head: COMPLIANCE SCENARIOS 1Compliance ScenariosDaqwander PavloffLegal Aspects of Health ManagementLori Janello30th May, 2020COMPLIANCE SCENARIOS 2Compliance ScenariosBrief Restatement of the ScenarioIn 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 withthe 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. Thecase 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 SolutionDifferent 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 theCOMPLIANCE SCENARIOS 3abandonment 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 4ReferenceCYGAN v. KALEIDA HEALTH (Appellate Division of the Supreme Court of the State of New York, Fourth Department.

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Berkeley DEVP C232 - Compliance Scenarios

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