IHP 420 - Case Study ~ Claims of Negligence.docx

Regrettably the damages that ultimately occurred was

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evident that the dereliction of duty was the direct cause for the injury that resulted. Regrettably, the damages that ultimately occurred was the death of the patient. As a result of the physician not complying with the acceptable standard of care in this scenario, a claim of negligence is appropriate, and a judgement of negligence is evident.
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4 CASE STUDY There are numerous defenses that could be reasonably asserted by the physician in this claim of negligence. In defense, the physician could argue that the patient never disclosed his history of polysubstance abuse. They could also argue that the patient was in severe pain and they were attempting to relieve his pain. The physician could contend that the patient was monitored for hours and showed no signs or symptoms of an overdose or subdural hematoma. Lastly, the patient has a right to refuse treatment, and this patient refused any blood transfusions, even though he needed blood. In this case, a judgement of negligence related to the patient’s death from a result of an overdose has been established. Duty of care, dereliction of duty, direct cause and damages were clearly outlined any evident in this case.
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5 CASE STUDY References Fremgen, B. (2016). Professional liability and medical malpractice. In B. Fremgen. Medical Law and Ethics (pp. 134). United States: Pearson Education
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  • Spring '16
  • osborn
  • Law, Medical malpractice

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