Legal Assignment:Each of you is employed by the highly esteemed Christine H. Williams Honorary Hospital and Health Care Center for Academic and Medical Excellence. A patient has submitted a formal complaint to the hospital alleging substandard medical care. She alleges as follows:
*** “I came to this hospital and said very clearly that I wanted to have a wart removed from my right ankle, as per my insurance coverage. Upon waking from sedation, I realized that the wart had not been removed. Instead three warts were removed from my left ankle, plus while they were at it, they took a few off my back as well. I liked those warts and was horrified to see that they had been removed!
Plus, as I was walking out, another patient ran past me, followed by security personnel, and the patient shoved me aside into a gurney. Now there’s a big ugly painful bruise on my right elbow. “The Christine H. Williams Honorary Hospital and Health Care Center for Academic and Medical Excellence has always had such an excellent reputation, named as it is after the esteemed leader and educator Christine H. Williams. I can’t believe this happened! I am traumatized and I am considering bringing legal charges.” ***
Each of you is on the Ethics Board. Your task is to submit a BRIEF MEMO to President and CEO Christine Williams, preferably less than one page, citing possible legal claims out of this situation.
- Is there a potential tort claim? Contract claim? Criminal charges?
- For each claim, Who is plaintiff? Who is/are potential defendant(s)? Include these terms: Respondeat superior, agent, principal.
- If there is a contract claim, use the terms offer, acceptance, consideration; and written, oral, or implied.
- Would the claim(s) be tried in state court, or federal?