Question

Before completing the assignment, please review the Summary Case, Niles v. City of San Rafael in your text (pgs. 198-199).

In this case, negligence was successfully established against both the pediatrician and the hospital. Please reason through the elements of negligence as presented in this case and establish a case against both the pediatrician and hospital individually, utilizing the elements of negligence and the facts presented to make your case.

Answer 1

Elements of negligence are

• Duty of care
• Breach of duty
• Breach leading to harm
• Compensation for losses

The hospital should have a protocol in providing care to patients like procedures , policies which should be followed to deliver quality care. When there is colloboration within hospital in good manner only the patient can get the needed care in good manner.Even a intern doctor did examination on the patient and has known the seriousness but then someone from admitting department informed Kelly cannot be admitted ( this is purely ridiculous because head injury patient needs immediate treatment ) .The pediatrician didnot examine the patient and also sent a head injured patient home without giving him a note about recall form which had the signs which may be indicative of neuro detetoriation. Then the neuro surgeon were not on time for operating Kelly giving excuses that he was struck in traffic. Completely the hospital management didnot followed the policies and procedures and exercised negligence which is a tort by law.

The pediatrician didnot exercised his truthfulness in profession. H e didnot examined Kelly well. When someone comes to a physician he is in a position to carry out overall physical examination with subjective and objective data by the patient. In this case he didnot carried out physical examination or any kind of investigation on Kelly who had injury in his head and not even reviewed the examinations carried out by an intern. If he was examined before , now Kelly would have been a energetic and a bright kid. Due to his negligence he sent Kelly home even without guiding about follow up options which ended a disaster.

The kid was brought to the hospital with head injury, why he wasnot admitted for observation. It is a protocol to keep someone with head injury for observation. The pediatrician was responsible to give treatment to the plaintiff (Kelly) but he (defendant Dr. Haskins) was found breach of duty as he was lethargic in treating Kelly, Kelly became quardriplegic.People trust a physician who cares for them but due to his negligence a irreversible condition was executed.

Here the duty to take care of the patient with utmost care and necessary investigations ,were failed which is breach of duty leading to irreversible loss ( quadriplegia) .Even if monetary losses are claimed the Kid cannot be brought back with full health now.