Possible Defenses Could Be Reasonably Asserted By Doctor To Each Claim
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.
Health Care
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Health Care
Negligence cases in medical practice are not a rare occurrence; physicians have been sued for claims of medical malpractice (Mills, 2012). The case of the 46-year-old man who died while in a medical-surgical unit for observation is an example of the legal scenarios that physicians find themselves in. In this case, several years after the death of his patient, the physician was sued by the deceased’s estate for medical malpractice. The lawsuit filed against the doctor was on the grounds of negligence leading to the death the patient as a result of subdural hematoma. By discussing the different elements of negligence related to the case, the potential success of the claim will be ascertained.
Duty of Care
Duty of care implies that one party has the responsibility of taking care of another to avoid harm or damages (Mulheron, 2016). In reference to the case, it is evident that the doctor was responsible for taking care of the patient’s medical condition when he was brought to the emergency room. As a trained doctor, he was supposed to examine his patient carefully and establish the extent of his head injury. Moreover, the doctor had a duty to warn the patient of the risks involved if a blood transfusion was not administered. Therefore, it is evident that the doctor had a duty of care to the patient upon arrival at the hospital.
Breach of Duty
If a defendant is found to have failed to reasonably exercise his or her duty towards a plaintiff, then he or she is liable for negligence (Mulheron, 2016). An analysis of the case shows that the doctor breached his duty when he failed to exercise careful examination of the patient’s injuries. After the patient complained of great pain, the doctor failed to take an initiative to examine the extent of injuries, especially the head injuries. Also, he failed to warn the patient on the dangers of a failure to perform a blood transfusion. Thus, there was a breach of duty because the doctor failed in his responsibilities. In his defense, the doctor can claim that he had warned the deceased about the same. Since the deceased cannot be present to refute the claim, this defense can apply in the lawsuit.
Causation
In a lawsuit, the plaintiff has to prove that it is because of the defendant’s actions that the injuries and harm occurred (Mills, 2012). The case above shows that it is because of the doctor’s actions that the patient eventually died. If the doctor could have examined the patient’s head injuries carefully and also sensitized him on the need for blood transfusion,...