Question

Following an automobile accident, a 16-year-old boy who had recently escaped from a detention center was brought to the hospital emergency department by ambulance. The patient seemed to be alert and claimed to be suffering withdrawal symptoms from a drug habit. The patient claimed that he participated in a methadone treatment program. The physician administered 40 milligrams of methadone. The patient needed blood but refused it. After being observed in the emergency department for several hours, the patient was placed on a medical-surgical unit for observation. The following morning it was not possible to awaken him, and he was pronounced dead. It was discovered that he had never been an addict or in a methadone treatment program. Rather, the previous night he had been drinking beer and taking Librium. He had not told this to hospital authorities. His estate sued the physician. Consider the possible outcomes if death was the result of (1) overdose, (2) failure to administer blood, or (3) subdural hematoma. Consider the possible outcomes if the patient was not a minor.

1. In your opinion, what are the key facts of the case? Why are these the key facts?
2. Are all the elements required in a negligence suit present? If so, what facts could be used to establish negligence?
3. What standard of care is required? What is this standard based on?
4. What information would you seek in discovery if the firm you worked for were the plaintiff’s attorney? Defendant’s attorney?
5. How would you argue for the plaintiff(s)?
6. What evidence would you consider presenting?
7. How would you defend the defendant(s)?
8. What are your defense options?
9. If you were on the jury, what would your finding be, based on the facts as presented?
10. Discuss precautions that caregivers should implement to help prevent similar injuries from occurring in the future.

Answer 1

The key facts involve a 16-year-old deceiving medical professionals, leading to methadone administration, refusal of blood, and eventual death. Negligence elements include duty, breach, causation, and damages. Prevention measures include improved verification procedures and enhanced communication.

1. Key Facts:

• The patient, a 16-year-old boy, escaped from a detention center after an automobile accident.
• He claimed withdrawal symptoms and participation in a methadone program, leading to methadone administration.
• The patient refused blood, later died, and was found to have consumed beer and Librium, not disclosing this to hospital authorities.

These are key because they highlight the patient's deception, misrepresentation of medical history, and the subsequent actions taken by the physician.

2. Elements of Negligence:

• Duty: The physician had a duty to provide appropriate medical care.
• Breach: Administering methadone based on false information could be considered a breach.
• Causation: Establishing a link between the breach and the patient's death is crucial.
• Damages: Death is a severe consequence, satisfying the damages element.

3. Standard of Care:

• The standard of care is what a reasonable and prudent healthcare professional would do under similar circumstances. It is based on medical standards and protocols.

4. Discovery Information:

• Plaintiff's Attorney: The patient's true medical history, the physician's decision-making process, and the hospital's procedures for verifying patient information.
• Defendant's Attorney: The urgency of the situation, the patient's deception, and the reasonableness of the physician's actions given the information available.

5. Arguing for the Plaintiff:

• Emphasize the failure to verify the patient's claims, leading to the administration of methadone.
• Highlight the potential breach of the standard of care due to the failure in verification.

6. Evidence for the Plaintiff:

• Medical records, witness statements, and expert testimony establishing the standard of care.
• Documentation showing the patient's false claims.

7. Defending the Defendant:

• Argue that the physician acted based on the information provided.
• Emphasize the urgency of the situation and the patient's lack of disclosure.

8. Defense Options:

• Lack of negligence due to reliance on patient-provided information.
• Emergency situation and the need for immediate action.

9. Jury Finding:

• Depending on the evidence presented, the jury might find the defendant not negligent if the physician's actions were reasonable given the circumstances.

10. Preventive Measures:

• Implement thorough verification procedures for patient information.
• Enhance communication between emergency responders and healthcare providers.
• Educate caregivers on recognizing signs of deception and obtaining accurate medical histories.