Question

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.

Answer 1

Answer :

Death of patient not due to overdose of morphine .

• Usual dose of morphine is 10-30 mg and based on patient severity We can Use up to 200 mg every 4 hours .
• In above scenario, the 46 years old person met with automobile accident ,he had severe pain due to accident .
• Already he is taken drug heroin , several shots of tequila and several cans of beer but the doctors did not know that and unknowingly pushed morphine eventhough morphine is not the cause For death of the patient .
• Because patient is alert when doctors administered the injection and morphine may not work properly due to drug abuse .
• So there is no chance of over dose of morphine For the patient .

Blood transfusion :

• In above senario , the doctors are ordered For blood transfusion but patient is refused to blood transfusion .
• Here , if in case doctors taken the written consent from patient i.e the patient is refused to blood transfusion , the doctor will be safe and doctor will not be suited under negligence claim ,if not taken the written consent the doctor may be punishable .

Subdural hematoma :

• In above case , the doctors are not diagnosed the case with subdural hematoma . But patient may have the chance to get subdural hematoma due to accident , if patient had injury to his head area.
• Close observation should be needed For the patient
• Doctors should order For CT scan or MRI scan etc For diagnosing any hematoma in brain . But doctors are not observed properly .
• It is the negligence of doctors and other health care staff in the hospital.
• After observation in emergency room , doctors should chech For neurological status of patient , but doctors din't do that .
• In medical surgical unit also , the close observation should be needed .
• The patient may died due to hemorrhagic or hypovolemic shock.
• It is the negligence of the doctors and other health care staff in the medical surgical unit .
• So the doctor in that unit will be suited under the negligence claim.