Reference no: EM133662211

Assignment: Law

I. Jessica Mass, a phlebotomist, drew a blood sample from Glenn Ross, a 30-year-old patient of Dr. Williams, to test for AIDS. As Glenn was leaving the office, his friend Harry came in and they greeted each other. Jessica took Harry into an exam room, and in the course of making conversation, he told her that he was a good friend of Glenn's. He asked Jessica why Glenn was seeing the doctor. Jessica responded that it was just for a test for AIDS.

When Harry arrived back home, he called Glenn and told him what the phlebotomist had said. Glenn called Dr. Williams and complained about Jessica's action and said that he planned to sue Dr. Williams. Dr. Williams dismissed Jessica. Dr. Williams told Jessica that if Glenn did bring a lawsuit against her and she lost, then she would sue Jessica.

1. What should Jessica have done or said when Harry asked about Glenn's reason for being in the office?

2. Did Dr. Williams have a legal right to sue Jessica if she was sued and lost?

3. What important right did Jessica violate?

II. Denise, an LPN, works in a nursing home on the 3:00 to 11:00 pm shift. She is instructed to prepare medications to give to her own patients as they eat their evening meal. She is also told that it is the policy of the nursing home that she will also prepare all the medications to be distributed in the morning by the LPN who will pass medications at both breakfast and lunch the next day. Denise is told that the reason for doing this is because she will have more time, as the evening shift is not as busy as the morning shift. Denise does not want to object because she really needs the job.

1. What are the potential problems with this policy?

2. What should Denise do?

3. If a patient is harmed by receiving the incorrect medicine, who would be charged with the negligence?

III. David, an 89-year-old war hero with no living relatives, drove himself at night to a local hospital when he experienced shortness of breath and a headache. When he entered the emergency room (ER) he was placed in a wheelchair and briefly seen by an ER doctor. He was told that he could not be admitted because he was a veteran and had to go to a VA hospital, which was 90 minutes away, for treatment. David was wheeled into the hallway to wait for transportation to a VA hospital. The night shift was very busy. After sitting in the hall for five hours, David complained that he needed to lie down. The ER staff, who had been trying to move him to a VA hospital with no luck, finally transferred him by ambulance to a local nursing home. David had a massive stroke shortly after being admitted to the nursing home and died six weeks later.

1. Does there appear to be negligence in this case?

2. In your opinion, who might have acted on behalf of David?

3. In your opinion, would contributory negligence be a defense if there is a malpractice lawsuit relating to David's death?