Question

The decedent/plaintiff was a 10-year-old male who underwent an Inguinal Hernia Repair. He had several surgical procedures in the past and was known to have had resultant laryngeal stenosis from scarring. The hospital had only one of the types of anesthesia equipment that the anesthesiologist wanted to use for the decendent/plaintiff, but it was in use.

Rather than delay the surgery,the anesthesiologis decided to proceed with the equipment typically used. After giving the decendent/plaintiff IV anesthetic, the CRNA was unable to intubate due to scarring and called the anesthesiologist who was also unable to intubate. A code was called and the decedent/plaintiff was resuscitated and transferred to the Pediatric ICU where he was pronounced brain dead and life support was withdrawn..

Primary Post - Respond to the following questions from a legal perspective using at least one of the legal concepts in this week's readings. Include one reference from the textbook (include page number), and one from the PowerPoint presentation (include slide number)

• One of the Plaintiff's "Complaints" was against the hospital under the doctrine of Corporate Liability. Why do you believe this may apply to this situation (refer to three types of liability)?
• Apply the four elements of negligence to this case.
• Assuming that the circulating nurse in the Operating Room was aware of the need for the equipment, what actions could have been taken by the RN?

Answer 1

In this case the medical negligence can be accused against the hospital because by knowing the condition of the patient ,they had to take more attention to the patient on the time of giving anesthesia..

The plaintiff was accused about the hospital under the doctrine of corporate liability , which means the liability of a crime committed by a corporate entry,the company and the person who has controls over the affairs of the company and that person is held liable for the crime or fault committed by the company under his supervision so,the hospital management have the responsibility in this case.this are 3 types of liabilities current,noncurrent and contignent liabilities

Medical negligence also known as medical malpractice is inproper,unskilled or negligent. treatment of a patient by a physician ,dentistist,nurse,pharmacist or other health care professional.There are 4 D's of medical negligense.The four D's of medicals malpractice are duty ,dereliction (negligence or deviation from the standard of care)damages and direct cause.each of these four elements must be proved to have been present ,based on a preponderance of the evidence,for malpractice to be found.here the anasthasianist's careless action and negligence have caused to the injustice to the plaintiff.the 4 D's of medical negligence can apply or accuse in the case.

The room nurse was aware about the need of the equipment because the plaintiff had a resultant laryngeal stenosis from scarring.so he should get more attention while the time of surgery and giving anastesia.besides the normal treatment level,they should have give him the advanced level treatment on giving anestasia