Civil or criminal help please ?
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Civil or criminal help please ?
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Mary Smith is a medical assistant who works for Dr. Jones. She receives a call from Trudy Hoover, a long-time patient of Dr. Jones who is complaining of pain. Trudy states that her pain began in her neck and is so severe that she cannot go to work, and is unable to care for her children. She further tells Mary that she’s miserable and is unable to get out of bed. Trudy asks for some pain medication to give her relief. Mary explains to Trudy that Dr. Jones is attending a medical conference and will not be in the office until later in the afternoon. Mary tells Trudy that she will page Dr. Jones and get back in touch with her as soon as possible.
Mary proceeds to page Dr. Jones, but is not able to get in touch with him after several attempts. Mary then reluctantly calls Trudy back to inform her that she couldn’t reach Dr. Jones. Trudy immediately starts crying and begins begging for pain medication, stating she simply “cannot suffer another minute” with the extreme pain. Since Trudy has been a patient of Dr. Jones for some time, Mary decides to call the pharmacy and order a new medication for her on behalf of Dr. Jones. She feels comfortable in doing this as it is the same medication and dose Dr. Jones has prescribed in the past for Trudy.
Later that day, Dr. Jones comes to Mary and demands to know what happened with Trudy Hoover as she’s been rushed to the ER after experiencing what appears to be an anaphylactic reaction.
After arriving at the ER, Trudy was found to be in respiratory failure and intubated. She was transferred to the ICU where she eventually died.
Explore this case further. What type of case is this: civil or criminal? Why?
If this is a civil case, what type of tort it is? Why?
If this is a criminal case, would it be a felony or a misdemeanor? Why?
Discuss the scope of practice issues involved with this case.
Discuss what actions Mary could have taken to avoid this situation.
Under the principle of Respondeat Superior, could Dr. Jones be held liable for Mary’s actions? Why or why not?
Would the Good Samaritan law apply here? Why or why not?
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runescape nerdz
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civil
Because she did not intend to kill her. |
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RWR
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No, yes and no. |
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