2 pages/≈550 words
Health, Medicine, Nursing
BHM443 Module 3 Case (Essay Sample)
Case: Tort Law Bobby and Rachel were playing basketball on the school playground with a brand new backboard and rim build and installed by ACE Sports. When Bobby, with a boost from Rachel, tried to slam dunk the ball, he injured his wrists cutting them on the rim which had small pieces of metal sticking out from it. There were no teachers or supervisors on school grounds at the time and the cuts were so severe that Rachel could not wait to call for help and was forced to take Bobby to the hospital on her bike. When they arrived at City General hospital, Bobby was immediately seen by a nurse who wrapped two large towels onto Bobby's wrists. Nurse Williams told Bobby to put pressure on the cuts while she tried to get a hold of his parents. Bobby was then directed to wait in the waiting room while his mother was contacted for insurance information for payment and consent. Bobby's mother was reached 75 minutes later. Because of lack of insurance Bobby was transferred to a local county facility for treatment. Once seen by the county emergency room physician, Bobby was referred to Dr. Andrews for immediate surgery. Dr. Andrews determined that due to delays and extent of injuries Bobby's right hand/wrist would need to be amputated. The surgeon made all arrangements and the surgery was completed 3 hours later. When Bobby awoke with mother at his side, he was told that the left wrist was amputated in error and that he would require additional surgery to amputate the right wrist. As a result of the circumstances in the hospital Bobby was left with both hands/wrists amputated. Using the background materials as a foundation, research other sources and prepare your response to the following questions: 1. Evaluate and discuss the potential liability (negligence or other torts) of the various parties in the scenario involving but not limited to Bobby, ACE Sports, the nurse, the surgeon and City General. (Avoid simply restating the facts/scenario. Incorporate them into your discussion.) 2. Be sure to discuss the elements of negligence as they apply to each party separately, and also discuss the application of EMTALA. 3. Define comparative negligence and discuss its application to the analysis of liability. 4. Discuss joint and several liability. source..
BHM443 MODULE 3 CASE Name: Grade Course: Tutor’s Name: (30 July 2011) BHM443 Module 3 Case The law of torts is a ground of battle of social theory than all other branches of law (Robert, 1996). In the scenario Ace Sport, engineers are liable for charge with negligence. This is because they installed the backboard and rim without carefully examining it. The Rim had a piece of metal, which has caused severe injury. Nurse William is also liable for charge with negligence since she left bobby to take care of his injuries by himself. She took a long time (75 minutes) before reaching Bobby’s mother and that is the actual cause of the Bobby’s arms to be amputated. Dr, Andrew is also liable for the same charge. He amputated Bobby’s left hand instead of the right one. Ace and Sport, the nurse and Dr. Andrew show great negligence in their professional activities and should be sued for the same. He causes unreasonable harm to Bobby. Emergency Medical Treatment and Active Labor Cost requires that patients requiring emergency health care should be treated regardless their ability to p...
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