Health Care Law Short Essays

1) We have discussed malpractice exposure and the potential liability for healthcare professionals. Consider the following scenario: Two patients are admitted to the hospital with fatal injuries from two different car accidents. Patient A is an organ donor and has expressly consented in writing prior to the accident that she wishes to donate her organs to help others. The second patient, Patient B, is not an organ donor, and her religion expressly forbids it. They came into the hospital at the same time, and through a terrible paperwork mix-up, the patients are confused with one another. Patient B passes away just before Patient A, and the hospital immediately begins to harvest Patient A's organs thinking they were honoring her wishes. Based upon what we know about malpractice as a form of negligence, would the family of Patient B be able to sue the hospital for malpractice? Explain why they could sue and what they could sue for. 2) Define "standard of care." What does it mean? Why is it important in health care? What does it mean if a provider violates the standard of care? How does it impact and intersect with the "prudent person rule?" Provide examples to support your conclusions. Your response should be at least 200 words in length. 3)We have read about the sources of law that are the foundation for our modern legal system. Describe the four sources of law, and include a brief example of each. Why is it important to understand the differences between these sources of law? Your response should be at least 200 words in length. 4)A diabetic patient goes to a doctor for the amputation of his gangrenous right leg. The doctor diagnoses him and schedules the patient for surgery. The patient signs a consent form for the surgery. The doctor performs the surgery but removes his left leg instead, which was also gangrenous and threatening the patient's life. If the patient did not have his left leg removed, it is possible he could have died. Does the patient have any claims against the doctor? If so, what claim(s), and why? Your response should be at least 200 words in length.