Here is a copy of a Model Answer that I posted for students enrolled in Medical Law and Ethics. This course is being taught fully online.
Click here to view the fictional fact pattern.
Memo:
To: Christine H. Williams,President/CEO
“Christine H. Williams Honorary Hospital and Health Care Center for Academic and Medical Excellence”
Re: Medical Legal Claim
We have reviewed the complaint and determined that according to this communication, conclude that there does appear to be a basis for one or more legal causes of action against this hospital and personnel.
Possible Tort Claims Part I – click here
Contract claims Part II: click here
Criminal claims Part III: click here
Plaintiff: The patient is the sole plaintiff.
[Note: Realistically, the third party insurer would end up as the plaintiff, under the theory of subrogation: insurance will typically pay out the claim to the hospital for the insured, then, according to the insurance contract with the insured, will take over the right to litigate the case and receive compensation.]
Defendant(s): The attending physician(s) and health care worker(s) could possibly be named, as direct defendants and also as agents of the hospital, plus the hospital (as the principal) and perhaps supervising personnel (under the theory of respondeat superior).
Jurisdiction:
Common law claims (including torts and contracts), plus criminal matters (if relevant) are usually tried in state court. [If federal regulations or legislation were involved, federal court would be more likely.]
That about covers it. Nice work everyone!
