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Gona has multiple causes of action that she can claim. There are many factors in this case that showed medical malpractice. Dr. Mark Mewerds should not be a factor, since he was only the referring physician, he did not partake in the surgery.
Dr. Maxx could be held liable…
In addition, Dr. Maxx could be accused of misrepresentation. Dr. Maxx stated that her arm would be good as new. She can argue that statement was the basis for hiring Dr. Maxx and that was the determining factor.
Connie arrived at Smallville General hospital ER via the local police. They took her in because she was disheveled, urinating and defecating on herself. She was calling out to passersby “You are the devil and I am going to stick my knife in your chest.” The SBH doctor refused to treat her stating that his hospital did not accept involuntary psychiatric patients. He advised the police to take her to Metropolis Psychiatric without given proper cause. Under the law, hospitals can deny admission if they are not properly staffed or equipped for psychiatric patients. To me there could be a liability issue for SBH.
However, SBH can argue that it was acting with the patient’s best interest at heart. It was beneficial for het to go the other hospital. Doctor could use that defense that upon the brief contact with the patient he evaluated her and there were no sign of an emergency that would prevent her from taking the 75 miles drive to the other hospital.
Connie was admitted to MPC and was forcibly administered medication. She was released after a week to the streets of Metropolis. MPC had the right to admit her and treatment, because she was a danger to her self and others. Based on her condition when she was picked up she clearly could not provide the bare necessities for herself.
They kept her against her will for 1 week. MPC could be potentially held liable because state statutes typically allow for involuntary detention of psychiatric patients for a limited period ranging from 48-72 hours. Furthermore, they can be liable too for abandonment claim. Connie’s condition will be aggravated by the discharge because she requires further medical help. But MPC can say that they acted in ...
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