1. Mark suffers a major seizure and is admitted to the hospital.A young nurse at the hospital...
Question:
1. Mark suffers a major seizure and is admitted to the hospital.A young nurse at the hospital is assigned to Mark.When administering drugs, the nurse gives Mark an incorrect dosage.The nurse, a recent graduate, was having difficulty managing and adjusting the equipment used to administer drugs. The nurse had not yet completed her in-house training on the "state of the art equipment".Instead of asking for assistance, the nurse tried to "wing-it" and took a guess as to how to adjust the new equipment.When the doctor on duty was making her regular rounds, she drops in to see MarkThe doctor immediately notices that something is seriously wrong.The doctor speaks to the nurse about Mark's condition and the nurse admits nothing.The doctor immediately calls for assistance and begins tests on Mark to determine the cause of his condition. It wasn't until two hours later that the nurse admits to the doctor that she was having trouble with the new equipment.Countermeasures are immediately taken but Mark suffers permanent brain damage because of the drug overdose.His motor coordination skills have been seriously impaired.He has difficulty walking, talking and manipulating items with his hands.Mark is married and is a father of three.
a. Based on the above facts, on what grounds can Mark sue the nurse?Explain your reasoning and make sure to identify the relevant tort(s).
b. Based on the above facts, on what basis can Mark sue the hospital?Explain your reasoning and make sure to identify the relevant tort(s).
c. If Mark's claim is for 2.5 million, which court would hear the matter?
d. If Mark launches the lawsuit, who has the burden of proof (identify the person's name AND their status in the litigation)? Identify and explain the burden of proof?
e. Mark makes the following claims.For each of the following, identify the type of damages. (special damages, general damages, punitive damages or aggravated damages)
i) Damages related to Mark's loss on income between the period of the drug overdose and the trial.
ii) Damages for Mark's future care cost, including medical services, personal attendant services, physiotherapy services and other expenses related to Mark's disability.
iii) Damages for Mark's wife's and his children's pain and suffering.The claims for loss of care, guidance and companionship were made under the Family Law Act.