Shaquaris Magee Chapter 2 Real World Cases
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Dec 6, 2023
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Uploaded by PresidentNarwhalMaster251
Shaquaris Magee
11/12/2023
Chapter 2: Real World Cases
1. One of the most hotly contested “right-to-die” cases involving the lack of an advance directive was
that of Terri Schiavo, a disabled Florida woman who was in a persistent vegetative state and received
nutrition and hydration through a feeding tube. On March 31, 2005, following years of legal battles
involving her husband (who supported the removal of the feeding tube) vs. her parents and siblings
(who supported the continued use of the feeding tube), Schiavo passed away after her feeding tube had
been removed 13 days earlier.
a. What are the differences between a Living Will and a Durable Power of Attorney for Healthcare
Decisions?
A Living Will is a document that outlines a person's wishes regarding medical treatment if
they become incapacitated and are unable to communicate their preferences. It typically covers end-of-
life decisions, such as the use of life-sustaining treatments, resuscitation, and the continuation or
withdrawal of life support. - A Durable Power of Attorney for Healthcare Decisions (also known as a
Healthcare Proxy or Medical Power of Attorney) designates a trusted person to make healthcare
decisions on behalf of the individual if they become unable to do so. This person, known as the
healthcare agent or proxy, is authorized to make decisions based on the person's known wishes or in
their best interest
b. Terri Schiavo had neither a Living Will nor a Durable Power of Attorney for Healthcare Decisions. Do
you think that one of these documents vs. the other would have been more effective to clarify her
wishes? To minimize the dissension between her husband and her blood relatives?
In Terri Schiavo's
case, having a Living Will or a Durable Power of Attorney for Healthcare Decisions could have been
helpful in clarifying her wishes regarding life-sustaining treatment. Both documents aim to provide
guidance to healthcare providers and minimize disagreements between family members. However, the
effectiveness of either document would depend on whether Terri Schiavo had clearly expressed her
preferences in advance. It's important for individuals to communicate their healthcare wishes and
ensure that their documents are up to date and legally binding.
2. A patient won a $3.3 million verdict against a medical center and one of its occupational therapists in
a negligence lawsuit after the therapist allegedly instructed the patient to pull a 170-pound weight that
reinjured his back and required additional surgery. Using the facts given, analyze this case for negligence
liability and decide whether the verdict was appropriate. To analyze the negligence case, we need to
consider the four elements of negligence: duty, breach, causation, and damages. - Duty: The
occupational therapist had a duty to provide appropriate care and treatment to the patient, taking into
account the patient's medical history and condition. - Breach: The therapist allegedly instructed the
patient to pull a 170-pound weight, which may have been an inappropriate exercise given the patient's
back condition. If this is true, the therapist breached their duty of care. - Causation: The patient's
reinjury and need for additional surgery were allegedly caused by the therapist's instruction to pull the
heavy weight. If there is a direct link between the therapist's actions and the patient's injury, causation is
established. - Damages: The patient suffered physical harm (reinjury and additional surgery) and likely
experienced pain, suffering, and financial losses due to medical expenses and lost wages. Given these
facts, it appears that the elements of negligence are present, and the $3.3 million verdict may be
appropriate. However, without more information about the specific details of the case, it is difficult to
definitively determine the appropriateness of the verdict. In summary, based on the given facts, the
negligence case seems to have merit, and the $3.3 million verdict could be appropriate.
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