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A patient died after her third cerebral hemorrhage. When the patient was admitted to the hospital following a cerebral hemorrhage, her physician determined that she

  1. A patient died after her third cerebral hemorrhage. When the patient was admitted to the hospital following a cerebral hemorrhage, her physician determined that she should be given a specific drug to reduce her blood pressure and make her condition operable, and he directed its administration. For an unexplained reason, the drug was not administered. The patients blood pressure rose, and after another hemorrhage the patient died.
  2. Are all the elements required in a negligence suit present?
  3. What standard of care is required?
  4. Who would you consider to be the potential plaintiff and defendant?
  5. How would you argue for the plaintiff?
  6. What evidence would you present?
  7. How would you defend the defendant?
  8. What are your defense options?
  9. If you were on the jury, what would your finding be, based on only the facts as presented and the classroom discussion?
  10. If you find the defendant responsible, what damages would you award, and for what reasons?
  11. What are your options if you, as plaintiff or defendant, are unhappy with the jurys decision?

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