Download Week 2? exercise narrative from Blackboard regarding Clinton Memorial Hospital 2. Reach a decision on whether the hospital and physicians were neglig

1. Download Week 2 exercise narrative from Blackboard regarding Clinton Memorial Hospital 2. Reach a decision on whether the hospital and physicians were negligent 3. Explain your thought process through the 4 legal elements we just covered in this week’s reading materials and slide lecture- be thorough and refer to each of the 4 legal elements in your post in detail- post here on Blackboard ————— 1. Review the facts on two cases found in Week 2 Slides/Lecture (on slides 59 and 60) regarding defective x ray use and wrong medication. 2. Reach a decision on whether the manufacturer is liable for damages in each of these situations. Why or why not? Provide your detailed rationale, citing readings from the text, to support your decision for each of the two cases. Provide a detailed written narrative. 3. Include details regarding your thought process applying the elements from negligence (slide 59) and strict liability (slide 60) – document your thought process and the elements as you apply them in your detailed written narrative. Week2Exercise.docx Week2slidestort41032023.pptx On June 28, 2006, Cynthia Adae was taken to Clinton Memorial Hospital with symptoms of right shoulder pain, limited range of motion of her right upper extremity, a cough, and a fever. The attending doctors theorized that Adae could have an infection or thyroid abnormality. They considered performing a spinal tap, but didn’t. After ordering a series of blood tests, the doctors discharged Adae the next day without knowing the results. Adae’s complaint noted that the blood tests showed she was suffering from an infection. One of the doctors “was made aware of the blood culture tests during the afternoon of July 2, 2006, but failed to advise the patient of those results or take any action to further evaluate or treat Ms. Adae,” according to the complaint. Adae was admitted to Middletown Regional Hospital on July 1, 2006 and again discharged “without a diagnosis of her condition or an investigation of the blood culture tests that had been performed at Clinton Memorial Hospital.” After returning to the Middletown hospital four days later, the true cause of her condition, an epidural abscess, was learned. By that time, however, Adae had “developed progressive paraplegia, weakness of her upper and lower extremities, slurred speech, and acute renal failure.” She was rendered permanently and totally physically disabled at age 50. Please apply the above facts to the 4 elements of negligent tort law: 1. Duty to use due care · Standard of care 2. Breach of duty 3. Injury/actual damages 4. Causation · Proximate cause · Foreseeability , Torts: Negligent, Intentional, Strict Liability Week 2 Tort Law: Definition A tort is a civil wrong, other than a breach of contract, committed against a person or property for which a court provides a remedy in the form of an action for damages. Tort Law: Types Negligent Torts Intentional Torts Strict Liability Negligent It is the “unintentional” commission or omission of an act that a reasonably prudent person would or would not do under given circumstances. What is commission of an act? Commission of an Act Administering the wrong medication Administering the wrong dosage of a medication Administering medication to the wrong patient Performing a surgical procedure without patient consent Performing a surgical procedure on the wrong patient or body part Performing the wrong surgical procedure What is omission of an act? Omission of an Act Failing to conduct a thorough history and physical examination Failing to administer medications Failing to order diagnostic tests Failing to follow up on abnormal test results Failing to conduct a time-out prior to surgery Forms of Negligence Malfeasance Misfeasance Nonfeasance Malfeasance Execution of an unlawful or improper act For example: Performing a partial birth abortion in the third trimester when prohibited by law Misfeasance Improper performance of an act For example: Wrong-sided surgery, such as the removal of a healthy left kidney instead of the diseased right kidney Nonfeasance Failure to act when there is a duty to act For example: Failing to order diagnostic tests or prescribe medications that should have been ordered or prescribed under the circumstances Degrees of Negligence Slight: Minor deviation of what is expected under the circumstances Ordinary negligence: Failure to do what an ordinary, prudent person would do Gross negligence: Intentional or wanton omission of required care or performance of an act Elements of Negligence Duty to use due care Standard of care Breach of duty Injury/actual damages Causation Proximate cause Foreseeability Element

Download Week 2? exercise narrative from Blackboard regarding Clinton Memorial Hospital 2. Reach a decision on whether the hospital and physicians were neglig

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Download Week 2? exercise narrative from Blackboard regarding Clinton Memorial Hospital 2. Reach a decision on whether the hospital and physicians were neglig

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