Law and Ethics for Medical Careers 3rd Edition

1
Law and Ethics for Medical Careers 3rd Edition

• Punitive Damages (4)
• Compensatory Damages (4)
• Elder Neglect (7)

2
The Case

• An elderly man suffering from Alzheimers disease
  and senile dementia was admitted to a nursing
  home. Because of the nature of his condition, he
  was kept sedated and in restraints for the length
  of his stay. His skin began to break down, and
  he developed bed sores.

3
The Case, continued

• When the sores became infected, the patient was
  admitted to a hospital.
• Attempts to treat the infection were not
  successful and the patient died a short time
  after being admitted.

4
The Case, continued
The patients son sued for wrongful death.

• A jury awarded the son 720,000 in compensatory
  damages and 2 million in punitive damages.

5
What Do You Think?

• What is the purpose of compensatory damages?
• What is the purpose of a court awarding punitive
  damages?
• Why would a court issue both types of awards?

6
The Appeal

• The nursing home did not deny that it had
  neglected the patient.

• The nursing home asked the court to reconsider
  the punitive damages.

7
The Appeal, continued

• Punitive damages are awarded only in cases where
  such neglect is deemed to have been willful,
  wanton, and intentional.
• The nursing home asserted that there was no
  evidence to support the claim that its staff
  willfully, wantonly, or intentionally mistreated
  the patient.

8
The Appeal, continued

• The court found abundant evidence of neglect in
  the patients case. When understaffed,
• The patient would receive no help in eating,
  thereby ensuring that he would eat nothing.
• The patient would sometimes be left sitting in
  soiled clothing.

9
The Verdict

• Failure of the managerial staff to take action to
  remedy these problems suggested that the nursing
  home was being run with a reckless disregard of
  human life.
• The court upheld the 2 million punitive damage
  award.
• Beverly Enterprises-Florida, Inc. v. Spilman, 661
  So. 2d 867 Fla. Dist. Ct. of App., Sept. 29,
  1995).