Here is a copy of what I posted for students enrolled in Medical Law and Ethics. Click here to view the fictional fact pattern.
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
While battery is a crime in this state, the required intent appears lacking; neither “premeditation” (1 st degree homicide), “intent” (homicide second degree), nor “reckless indifference” (vehicular/manslaughter) appear likely in this case. The level of intent, if any, does not rise higher than (alleged) negligence.
The sole exception is for the other patient, who may have been reckless in running her against the wall, and could potentially be brought for misdemeanor charges.
Come back tomorrow for the riveting conclusion: parties and jurisdictional issues!