Student Name: Lester Sierra
Teacher: Sonia Pinnock
Management Resource Institute
ENC1101 Midterm Paper
1- Who is/are the plaintiff(s) in this case? Who is/are the defendant(s)?
In this case the plaintiff is Mrs. Fernandez, because she’s the one suing and the defendants are the Nurse, the MD, Hospital and Paramedics.
2- What kind of court would this trial go to?
This case would go to Trial Court, because it’s the first court to hear legal disputes.
3- If the case did go to trial what charges would the defendants possibly face? Explain what they are and why. (Hint: use the 6 elements of malpractice for each defendant.)
If the case would go to Trial Court, the defendants could possibly face charges of malpractice. First, there was no duty owed to the patient, the nurse, didn’t suggest to take any precaution creating an unreasonable risk that would injure Mr. Fernandez evidence by the vital signs. In the other hand, the doctor didn’t order to monitor the patient when it should have done it since it was an unstable patient, so in this case both failed in this aspect to monitor the patient, because a patient with those vital signs readings have to be monitored right away. Second, there was breach of duty owed the patient, the doctor didn’t call for inter disciplinary specialist, like neurologist, because this patient is not responsive to pain and his pupils were unequal, that could suggest the patient can suffer a brain trauma that could lead to brain damage, resulting on patients death, the nurse failed to report to the supervisor patients unstable condition. Third, the was foreseeability, because the nurse failed to report to another heal care provider and the doctor was incompetent in from an acute and unstable patient .The causation in this scenario is that, due to patients condition health care providers like the nurse and the doctor, should provide patient safety, in this case the patient has to be on...