Reference no: EM132473136 , Length: 1 page
Abby is swimming when she gets a cramp and begins to drown. Dr. Brenda, a licensed physician happens to be standing nearby and sees Abby her go under. Dr. Brenda manages to get Abby out of the water. Abby is unconscious and unresponsive. Dr. Brenda administers CPR and saves Abby's life. In the process of saving Abby's lift, Dr. Brenda transmitted a serious communicable disease to Abby, who discovers this fact a few months later.
Under these fact pattern:
Question 1. What legal duty, if any, does Dr. Brenda owe Abby? Please explain in detail.
Question 2. Assuming that Dr. Brenda has a legal duty towards Abby, did Dr. Brenda breach that legal duty? Please explain in detail.
Question 3. Assume that Dr. Brenda knew that she had a communicable disease and purposefully performed the CPR despite others at the scene would could perform it, what intentional tort(s,) if any has Dr. Brenda committed against Abby. List the tort(s.)
Question 4. What possible defense(s) does Dr. Brenda have against a tort action by Abby.
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