Reference no: EM134034425

Question

Read You Be the Judge presented at the end of Chapter 5 (Guido, p. 65-66) which begins, "The patient had an apparent cardiac event at home... and answer the following questions:

1. What evidence would you collect from the clinic to determine what standard of care was delivered to this patient both before he was seen and at the time he was seen in the clinic?

2. What might the family's attorney allege in a supplemental report?

3. How would one decide the standard of care for this patient?

4. How would you decide the outcome of this case?

Read the case study You be the Judge, presented at the end of Chapter 6 (Guido, p. 94) which begins, "The day after surgery the nurse removed a drainage tube..." and answer these questions:

1. Do the facts of the case support the plaintiff's reliance on res ipsa loquitur?

2. Does the fact that the defense did produce expert witness testimony negate a successful res ipsa loquitur outcome?

3. What other facts would you need to determine if the nurse's actions were negligent?

4. If applicable, should damages be assessed?

5. How would you decide the case?

Read the case study You be the Judge, presented at the end of Chapter 7 (Guido, p. 112) which begins, "The patient was in surgery to remove moles from her back..." and answer the following questions:

1. Were there damages that should be paid to this patient for negligence?

2. Who should be the individuals responsible for these damages? For example, is the surgeon the individual most liable for the damages owed to the patient?

3. Are there any defenses that the defendants could cite that would mitigate their liability to this patient?

4. How should the court decide the damage awards in this instance?