MLAW 643 Discussion Board 5

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School

Old Dominion University *

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MLAW643

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Medicine

Date

Jan 9, 2024

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docx

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2

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The plaintiff's estate in this case may have grounds for various forms of liability against the parties involved. First and foremost, there could be liability on the part of Bob Sneed for the initial accident and subsequent hit-and-run. Sneed's actions resulted in Carolyn Gadner being run off the road, which set off a chain of events leading to her tragic death. Legal principles such as negligence and intentional torts may apply, as Sneed's actions were not only “reckless but also evasive”, depriving Gadner of immediate medical attention (Baker, 2005, The University of Chicago Press ). Moving to Bay hospital, there may be a case for negligence and medical malpractice against Dr. Sampson and the nursing staff. Dr. Sampson's lack of experience in emergency medicine, coupled with Bay's failure to properly credential and evaluate him, could constitute negligence on the part of the hospital. The nursing staff's failure to recognize and address Gadner's deteriorating condition, including signs of shock, and the improper administration of drugs contraindicated for shock symptoms could be considered “substandard care”, leading to potential liability (Mello et al., 2001, Stanford Law School ). Biblically, the principle of accountability and responsibility aligns with the notion of holding individuals accountable for their actions. Proverbs 22:8 (1973) states, "Whoever sows injustice will reap calamity, and the rod of his fury will fail." (NIV). This biblical principle emphasizes the consequences of wrongdoing, which may resonate with the potential liability of those involved in Gadner's tragic sequence of events. Moreover, the ethical duty of healthcare providers to prioritize patient welfare and provide competent care corresponds with biblical principles of compassion and justice. Proverbs 31:8-9 (1973) underscores the call to "Speak up for those who cannot speak for themselves, for the rights of all who are destitute. Speak up and judge fairly; defend the rights of the poor and needy." (NIV). This aligns with the potential liability in failing to provide adequate medical care to Gadner. The plaintiff's estate may pursue various forms of liability, including negligence, intentional torts, and medical malpractice against the responsible parties, seeking justice for Gadner's untimely death. Biblical principles of accountability and the call for justice further emphasize the importance of holding individuals responsible for their actions, particularly in matters involving the welfare of others. References: Baker, T. (2005). The medical malpractice myth. The University of Chicago Press. Mello, M., M. (2001). Of swords and shields: The role of clinical practice guidelines in the medical malpractice litigation. Stanford Law School: Department of Medicine.
Holy Bible. (1973). New International Version. Bible Gateway. https://www.biblegateway.com/passage/?search=1+Corinthians+4%3A2&version=NIV Clark, B,., Brown, E. F., Gatter, R., McCuskey, E. Y. Pendo, C.(2022). Health Law: Cases, Materials and Problems.
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