The writer is very fast, professional and responded to the review request fast also. Thank you.
HA4050D – Healthcare Law
Discussion 02.2: Intentional Torts
Read the Discussion 02.2 Scenario. Refer to this scenario as you answer the questions below.
1.What INTENTIONAL tort theories (NOT NEGLIGENCE) might apply here? What facts fit the elements of those tort theories?
2.Consider the extent of the hospital’s monetary liability. If you were on the jury in this case, how would you calculate an amount of damages? Did taking the photographs cause any economic damages (cost the plaintiffs money)? Probably not. Did they cause pain and suffering? How do you think a jury might arrive at a dollar figure to award in a case like this?
DISCUSSION 02.2: INTENTIONAL TORTS
SCENARIO (BASED ON A REAL MAINE CASE)
You are an administrator in a medium-sized hospital. One of the physicians, Dr. McKee, comes to you
to tell you about something disturbing she has just witnessed.
A hospitalized patient suffering from cancer of the larynx was under the care of another physician, Dr.
Smallwood. The patient’s condition was somewhat unusual and of interest to several of the oncologists
who had examined it. The patient had initially permitted Dr. Smallwood to take several photographs that were to be used for the medical record, but he was adamant that they not to be used for
publication.
Later, a few hours before the patient died, Dr. Smallwood and a nurse took more photographs, moving
the patient’s head for the photos, despite the patient’s clear wishes that he did not want any more
photos to be taken. Dr. Smallwood then uploaded the photos to a discussion group to share them with
fellow surgeons.
Soon after the patient died, his wife discovered that additional photos were taken and was outraged.
Dr. McKee just witnessed the patient’s widow have a heated conversation with Dr. Smallwood and then
storm out, threatening to sue the hospital.
You immediately begin drafting an email to inform your supervisor about the situation. You want to
include the following in your memo:
Delivering a high-quality product at a reasonable price is not enough anymore.
That’s why we have developed 5 beneficial guarantees that will make your experience with our service enjoyable, easy, and safe.
You have to be 100% sure of the quality of your product to give a money-back guarantee. This describes us perfectly. Make sure that this guarantee is totally transparent.
Read moreEach paper is composed from scratch, according to your instructions. It is then checked by our plagiarism-detection software. There is no gap where plagiarism could squeeze in.
Read moreThanks to our free revisions, there is no way for you to be unsatisfied. We will work on your paper until you are completely happy with the result.
Read moreYour email is safe, as we store it according to international data protection rules. Your bank details are secure, as we use only reliable payment systems.
Read moreBy sending us your money, you buy the service we provide. Check out our terms and conditions if you prefer business talks to be laid out in official language.
Read more