LAIMS OF NEGLIGENCE 1

Case Study: Claims of Negligence IHP 420 Torie Adamonis

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January 31, 2021 CLAIMS OF NEGLIGENCE 2

There are five main elements in negligence: duty, breach of duty, cause in fact, proximate cause and damages (Elements of a Negligence Case, 2019). For this case a 46-year-old man was admitted to the ER after a car accident. The patient was seemed to be alert and was answering questions and stated that he was in severe pain. According to this study it is unclear if the patient was asked medical history or if he had filled out any of that information. The doctor gave the patient 15 mg of morphine intravenously and was advised that he would need to do a blood transfusion. The patient was alert enough to refuse that transfusion and was put on observation in the ED. The next morning, he became unresponsive and was pronounced dead. The patient had a long history of drug and alcohol abuse and had injected heroin and drank alcohol the night of his accident. According to this study that information was not disclosed to the staff at the hospital. If looking at this study as if death was caused by the failure to administer blood, I would say that there was not negligence.

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This assignment gives you an opportunity to consider the facts of a case potentially involving claims of negligence. You will have the opportunity to analyze the possible claims, as well as the potential defenses to any claim presented by the plaintiff. The facts of the case are described below.

Following an automobile accident, a 46-year-old man was brought to the hospital emergency department by an ambulance. The patient seemed to be alert, was able to answer questions, and claimed to be suffering from a great deal of pain. The physician administered 15 milligrams of morphine intravenously. The patient needed blood but refused a transfusion. After being observed in the emergency department for several hours, the patient was placed on a medical-surgical unit for observation. The following morning, he was unresponsive, and he was eventually pronounced dead. It was later discovered that he had a long history of drug and alcohol abuse. The night of the accident, he had injected heroin and drank several shots of tequila and multiple cans of beer. He had not disclosed any of this to the doctors or nurses treating him. Several years later, his estate sued the physician, claiming medical malpractice.

Analyze the possible outcomes of the lawsuit under one of the following scenarios:

• If death was the result of overdose
• If death was the result of failure to administer blood
• If death was the result of subdural hematoma

In your short paper, analyze the potential success of a claim for negligence under one of the three possible scenarios. Include a detailed discussion of each element of the negligence claim and why that element is met or not met. Discuss the possible defenses that could be reasonably asserted by the doctor to each claim, and why that defense might apply. Lastly, include a paragraph describing which, if any, claim you believe might be the most successful against the doctor and why.

 Your essay should be 1–2 pages in length (in addition to the cover page and reference list) and should use double spacing, 12-point Times New Roman font, and one-inch margins. Use APA style for citations.