Describe the lawsuit process

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Assignment:

Question 1

Thelma was a patient of Dr. Cartwright. Thelma wants to sue Dr. Cartwright for medical malpractice. She comes to you for a consultation. Thelma tells you that she has never sued anyone before. She has watched legal shows on TV and knows what a trial is, but she wants to know what will happen before her trial. Please explain to Thelma the lawsuit process leading up to her trial.

Question 2

After your you describe the lawsuit process, Thelma decides to sue Dr. Cartwright. As such, you file a lawsuit for Thelma against Dr. Cartwright in Tennessee's circuit court. Thelma alleges that Dr. Cartwright was negligent because he did not explain all the risks of her experimental cancer treatment and she suffered one of the remote risks associated with her experimental treatment. In preparing to defend the case, Dr. Cartwright's lawyer finds a helpful case from Alabama. In that case, the Alabama court decided, under very similar facts, that a doctor was not negligent for not explaining every remote risk of an experimental treatment. Dr. Cartwright files a motion for summary judgment, arguing that the case from Alabama shows that Dr. Cartwright was not negligent; thus, the Tennessee court must dismiss Thelma's lawsuit. Is Dr. Cartwright correct? Please explain why Dr. Cartwright is either right or wrong.

Question 3

The U.S. Government enacts a federal law that says hospitals cannot employ any doctor who does not have (1) a medical license from the state in which the doctor seeks to practice; and (2) a DEA registration (i.e., authorization to prescribe controlled substances). Tennessee law says that a medical license alone authorizes a doctor to practice medicine in Tennessee at any hospital or healthcare facility.

Dr. Cartwright lost his job because of Thelma's lawsuit. Dr. Cartwright has a medical license issued by the State of Tennessee; however, Dr. Cartwright lost his DEA registration a few months ago because the DEA determined that he was improperly prescribing medication. Dr. Cartwright applies for a job at Acme Hospital in Tennessee. Can Dr. Cartwright work at Acme Hospital? Please explain why he can or cannot work at Acme Hospital.

Reference no: EM133264762

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