Claims of Negligence Case Study.docx

Proximate cause can be in favor or against the er

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Proximate cause can be in favor or against the ER physician. With any patient involved in an automotive accident, there are many risk factors that can be foresee, but there are others that can be overlooked. The patient expressed a great deal of pain of which 15mg of morphine was administered. The doctor decided to keep the patient in the ER to observe the patient and his response to pain medication. The doctor can claim that surgery was put on hold due to the patient’s blood level being to low and the patient refused a blood transfusion. If the patient accepted the blood transfusion, this would have increased is blood level which would have allowed for the ability to have surgery if needed. In this case, the plaintiff or his estate, can claim damages incurred after his death. As an example, lost income due to the doctor’s negligent makes the doctor liable for those damages. To counter this claim, the doctor can defend himself by proving the subdural hematoma went undetected and untreated by medical examination prior to the accident. The defense can apply the following research in their defense; A long history of alcohol abuse can significantly increase the risk of subdural hematoma [Yad16].
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CASE STUDY 4-3: CLAIMS OF NEGLIENCE 7 After reviewing this case, the breach of duty claim would be the most likely to succeed in a court of law. Failure by the physician to complete a thorough physical assessment, gathering adequate medical history, appropriate labs and x-rays, and requesting a floor with a higher acuity of care, can be viewed as negligence that contributed to the patient’s death. Not only can the ER physician be held responsible for the patient’s death, but the assigned staff on the medical- surgical floor can account partially for the patient’s death as there was a lack in care after the patient was admitted to that floor. There were many areas of breakdown that resulted in the death of a patient.
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CASE STUDY 4-3: CLAIMS OF NEGLIENCE 8 References ABPLA staff. (2017, August). What is Medical Malpractice? Retrieved from American Board of Professional Liability Attorneys: Mills, K. (2012). Medical Negligence. Bloomington, IN: Authorhouse. Mulheron, R. (2016). Medical Negligence: Non-Patient and Third Party Claims. Ashgate Publishing Group. US Legal . (2016). Negligence - An US legal topic area. . Retrieved from US Legal, Inc. : Yadav, Y., Parihar, V., Namdev, H., & Balaj, J. (2016). Chronic Subdural Hematoma. Asian Journey of Neurosurgery, Vol. 11, No. 4 , 330-342.
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  • Spring '16
  • osborn
  • Tort Law, Medical malpractice, Subdural hematoma

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