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 potential success of a claim for negligence under oneof 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

Considering the series of incidence that happened , we bring to notice role of paramedics who bring patient to the emergency department for immediate treatment which are useful for all formalities before any procedure has to be implemented. To ensure if there was any drug intake was there responsibility to be aware of medications etc , which otherwise becomes a responsibility of the physician. If the patient was alert a couple of pre qualifying could have been done to ensure there was no miscommunication . Transitioning from one provider to another without accurate information caused an error which becomes a success of their claim because an error of pre examination was done.

Doctor could use the same to his defense claiming that the patient refused for a transfusion which could have saved his life , as part of his own discretion they could have not done the same without prior permission from him or any family member which considering in this case was not available. Not to forget the first step of negligence works against the case as the doctors should have tested blood sample before the intravenous was given , it could have been helpful in detecting drug intake and its intensity this could have also led to a reaction in his body as there was enough alcohol and drug present in his blood.