BSAD 4210 Assignment 8.docx - Chelsey Holden Professor Junk...

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Chelsey HoldenProfessor JunkBSAD 4210Assignment 8I have read the case entirely. CHPart 1Case Citation: Kawaauhau v. Geiger, 523 U.S. 57 or In re Kost, 102 B.R. 829.Facts:In 1983 Margaret Kawaauha hurt her foot so she went to Dr. Geiger to look at it. After looking ather foot, Dr. Geiger sent Margaret to the hospital because he was worried that it was infected. Margaretthen went to the hospital and Dr. Geiger prescribed her some medication he knew was not the mostaffect for her foot because Margaret wanted to reduce cost. Dr. Geiger then left on a business trip. Whilehe was on his trip, the other doctors said that Margaret need to be moved to a disease specialist,however, when Dr. Geiger came back from his trip, he canceled the transfer and discontinued herprescription because he did not think she needed it. Margaret later lost her foot and sued Dr. Geiger formalpractice.Issue:Is Dr. Geiger liable for Margaret losing her foot?Holding:No. Dr. Geiger is not liable for Margaret’s lost foot. This is because he did not knowingly doanything to try and get Margaret hurt.A.Rule:Dr. Geiger did not maliciously mean to hurt Margaret. If he would have done it on purposethen he would be liable for it, however, he did not. He was reckless in his practice, but he wasnot trying to hurt anyone. He made a mistake and it resulted in the worst outcome.

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Term
Spring
Professor
BlainH.Johnson
Tags
Debt, Dr Geiger

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