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 oneof 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 oneof 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.
Guidelines for Submission: 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.
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