Jennifer Murphy Romig & Mark Edwin Burge, LEGAL LITERACY AND COMMUNICATION SKILLS: WORKING WITH LAW AND LAWYERS
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Which type of knowledge is vital in avoiding medical professional liability suits?
Tavis L.
Mary is a medical school dropout; she never received her license to practice medicine. Mary learned a great deal about the practice of medicine while she attended med school. Mary thinks that she can perform certain operations as well as most practicing surgeons, so Mary decides that she will perform such surgeries. Dr. Mary advertises for her medical services, and later Sarah comes in needing a benign tumor in her leg removed. Mary performs the operation perfectly! However, the news breaks that Mary was practicing without a license. Sarah, before she paid her bill, finds out this fact and is furious. Sarah refuses to pay her bill. Could Mary successfully sue to recover for her valuable services that she rendered to Sarah? Alex is a 60-year-old barber who owns Suburban Barbershop, a sole proprietorship, and wants to retire very soon. Alex has an apprentice barber, Phil, who knows exactly how to cut hair like Alex does. Phil wants to buy Alex's business when Alex retires. The barbershop has $10,000 worth of physical assets; yet the business is valued at $60,000. That difference between these two amounts reflects "business goodwill" or the expected patronage of customers. Phil is willing to buy the business for $60,000 but worries that Alex could sabotage the business goodwill by changing his mind about retirement and opening up a competing venture nearby. Phil wants to insert a clause in the contract selling the business that would take care of this problem. As his lawyer, how would you write the clause? And explain exactly why it is that you need to pay special attention to the terms of this particular clause. Bort's arteries are all clogged up, so he needs to have one of them bypassed. Bort goes to Dr. Maria to perform the operation. Maria makes Bort sign a liability waiver that states "this operation is a voluntary arrangement between you and me, and as such, you are agreeing to release me from any liability resulting from any actions or conduct that I, Dr. Maria, take during the scope of this operation." Bort signs the liability waiver. Dr. Maria bypasses the wrong artery, and Bort has a heart attack the next week. If Bort wants to sue Dr. Maria for medical malpractice, what effect is the liability waiver likely to have on Bort's ability to successfully recover?
Akash M.
Text: Informed Consent Read the overview below and complete the activities that follow. Moving to a new area with a new spouse is an adventure. As a healthcare professional, it is also a challenge to adjust to the new city. Joanna was familiar with guidelines about informed consent, but she had not considered that in her new job she might have to deal with language barriers in communicating with patients. Case: Read the case below and answer the questions. Joanna is a registered nurse who lived in a small Midwestern state for most of her life and had never learned a second language. When she married, she and her husband moved to a city with a large Hispanic population. She got a great job working for a family practitioner. On her first day, her second patient did not speak English. The patient was in the exam room and apparently had not brought someone along to translate. The patient was clearly in pain. A. How should Joanna help the patient? B. As mentioned in the case study, the city Joanna and her husband moved to has a large Hispanic population. Does Joanna have an obligation to become fluent in Spanish, or at least learn basic phrases in order to help patients?
Jerelyn N.
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