Question

 

Locate by either researching YouTube (i.e. news reports, etc.), a newspaper, or summary of a legal case, court document a case in healthcare where there is a lawsuit. Summarize the case. Tell me who the plaintiff and defendant are. Why are the plaintiffs seeking litigation? What were the allegations? If this was negligence, was there a strong case (i.e. 4 Ds of healthcare law).

1. Duty

2. Breach of Duty

3. Direct Cause

4. Damages

Answer 1

(A) PLAINTIFF AND DEFENDANT:-
-In civil litigation, the plaintiff is the party that initiates the lawsuit against the defendant.
-The party against whom the complaint is made is the defendant.
- Case names are usually given with the plaintiff first as plaintiff vs defendant.

(B)plaintiff seeking litigation in reference to a civil action brought in a court of law in which a plaintiff, demands a legal remedy.
-The defendant is required to respond to the plaintiff's complaint.

(C) ALLEGATIONS:-an allegation is a claim of a fact by a party in a pleading, charge, or defense.
-Until they can be proved, allegations remain merely assertions.

(D)For medical malpractice to be established, the patient must be able to prove the presence of the four Ds.
1. Duty:- The patient must be able to prove that there existed a patient-physician relationship and the physician owed a duty to a patient.
2. Dereliction:- The patient must be able to prove with evidence that the physician failed to comply with the standards expected of his profession.
3. Damage:-The patient should prove with the evidences like medical records, medical prescriptions, etc., that the physician's breach of duty has led them to suffer injury, either physical or emotional.
4. Direct cause:- The patient should be able prove that the physician is directly related to any injury they suffered.