Question

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

DEAR FRIEND.....

thoug thes question is not form nursing background but i give you the answer as i feel that most of the time the treating doctor and associated nursing staff facing the exect scenario.

so as per your queries i disucees all the 3 scenario with potential success of a claim for negligence,that element is met or not met ... along with the possible defenses and their applicability

1. If death was the result of overdose....= claiming medical malpractice is not applicable as in this query it was not mentioned that is it morphine overdose or injected heroin overdose. ... so quick reviws... in case of morphine overdose...not included as dose of injectable morphine ranges form 0.5mg/mL to 50mg/mL... deprnding on the condition and Schedule.

and if it was heroine overdose.. nothing can be done except sympatomatic treatment of the patient until not proved that the substence was heroine...but on initialy no such history was given to the treating doctor and nursing staff

2.  If death was the result of failure to administer blood... = not applicable in claiming medical malpractice...as patient not give consent to transfusion of blood as he was in the condition of giving the consent.

3. If death was the result of subdural hematoma.....not applicable in claiming medical malpractice...as  subdural hematoma itself a common cause of death in accident cases despite treating the case.

so overall in all the scenario ... the doctor and nursing staff tries their best to give the treatment so possible medical malpractice issue is not a valid reason for sued the physician.

but in your last query you asked for  ""if any, claim you believe might be the most successful against the doctor""

my view is that just look for the possible side effect of morphine as is not given in ..

1. severe respiratory depression... which can be devloped in any brain injury. so prior evaluation is necessary before giving morphine.

2. circulatory shock.... as accident and blood loss can leads to devlopment of circulatory shock ...so prior evaluation is necessary before giving morphine.

3. caution in case of head trauma, increased intracranial tension, coma, seizure disorders, alcohol intake.

hope your issue resolved BUT in my fair opinion sued the physician, claiming medical malpractice issue has to be avoided espicially in such scenario.