View fact pattern here,
Answer Part One here
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, there does appear to be a basis for one or more legal causes of action against this hospital and personnel.
Possible Tort Claims (see part one)
Breach of Contract:
A claim for breach of contract appears likely.
A contract requires offer, acceptance and consideration.
In this case, the offer and acceptance were initially oral, and followed up with written instruments and signature, from hospital and patient respectively, with consideration provided by third party payor. The service was described as “removal of 7 warts, exterior right ankle”.
Since the warts were not in fact removed from her right ankle, there appears to be a breach.
Court-imposed remedial damages and/or injunctive relief (i. e. the hospital arranging for wart removal, free of additional fees) appears a likely outcome.
[Stretching the point, the plaintiff could possibly argue that the hospital is further in breach for failure to insure patient safety from other running patients, under the theory of implied warrantee -- again, damages are unlikely since all she suffered was a bruise on one arm.]
Check back tomorrow for Part three: Criminal claims!
