Case C

You volunteer for a nonprofit organization that provides services to the homeless through a community center called Emmaus House. While you are there, the director of the center comes rushing up to you and tells you there is an emergency. He wants your help because you are a student of health services management and taking a legal course.

Mr. Jack Lark, a homeless man who comes frequently to the center, is complaining of chest pains and shortness of breath. He has had these episodes in the past and, in fact, went to the public hospital very early this morning because of them. The doctor at the public hospital examined Mr. Lark and concluded that he was not having a heart attack but rather suffering from influenza. You and the director get Mr. Lark into your car and take him to the nearest hospital, which happens to be Hapless, a private hospital. Mr. Lark is guided to a cubicle where the emergency room physician examines him. The doctor then tells you that they are going to transfer him to the public hospital, twenty minutes away. What do you do?

Assume that Mr. Lark is admitted to the public hospital but dies within the week. If suit was brought on Mr. Lark's behalf, what would have to be proven to be successful? Is there a claim against the doctor?

Read the scenarios above:

Discuss Case A. Be sure to provide your analysis and arguments.