Case Study 2:

FactsDr. Feelgood is a neurologist at Kinda Charitable Hospital (KCH), a 501(c)(3) and state tax exempt charitable hospital. While on call for the emergency department at KCH, he's asked to examine Lucille, who has presented to the emergency department complaining of dizziness and shortness of breath. Dr. Feelgood determined that Lucille's problem was most likely heart-related, and asked the on-call cardiologist, Dr. Hartworthy, to examine Lucille. The cardiologist said "yeah, whatever" and went back to reading his Archie and Jughead comic book. After waiting for another hour to be seen, Lucille asks Dr. Feelgood to examine her again. When Dr. Hartworthy is again unresponsive to a request to examine Lucille, Dr. Feelgood does another cursory examination, decides the matter is not urgent, and sends Lucille home. Lucille collapses in the KCH parking lot and enters cardiac arrest as emergency department staff are transporting her back into the emergency department. Dr. Hartworthy, finally able to take himself away from his comic book, tries to revive Lucille but is unable to and she passes away.Although Lucille arrived at the emergency department by herself, her husband and adult son arrive at KCH just after Dr. Hartworthy declares her dead. They immediately question the events at KCH leading to Lucille's death and raise the issue of a lawsuit with Dr. Feelgood, Dr. Hartworthy, and hospital administrators a few days after her death.The KCH medical staff convened a peer review action to determine what happened. Dr. Feelgood blamed Dr. Hartworthy, and Dr. Hartworthy blamed Dr. Feelgood. Although the information collected by the peer review committee indicated that both physicians contributed to Lucille's death and both were incredibly negligent, the peer review committee decided to place the blame on one of the nurses who attended Lucille and had tried to get her assistance throughout Lucille's time in the emergency department. Although the medical staff did not have the authority to terminate the nurse's employment, it published its "findings" in a hospital newsletter and claimed the nurse "fell far short of her professional obligations towards Lucille, while Drs. Feelgood and Hartworthy behaved in a heroic manner." KCH administrators approve of all content published in these newsletters.KCH was made aware of the "findings" as well as the actual facts and the negligence of Drs. Feelgood and Hartworthy. It decided not to fire the nurse, knowing it would be at risk of wrongful termination, but decided to pay each member of the medical staff peer review committee and the nurse $5 million each in return for each of these individuals signing a non-disclosure agreement that prohibited any of them from telling anyone what really happened. Each member of the medical staff peer review committee took the deal but the nurse refused.

Questions please brief answers:

1. 1. Do Lucille's husband and adult son have a tort claim(s) against any party in the above facts? If so, which tort(s), against which party/parties, what elements must be proven for a successful lawsuit, and what facts, if any, support this cause of action?
2. 2. Does the nurse have a potential cause of action against KCH or the medical staff per review committee? If so, what is the cause of action? Will the Health Care Quality Improvement Act be a barrier to any lawsuit the nurse might file, and why or why not?
3. 3. Can KCH be liable under federal statute for the events in the emergency department, including Lucille's death? If so:
   1. 
      
   2. 1. what statute is at issue
   3. 2. who might the plaintiff(s) be
   4. 3. what are the requirements that must be shown for a successful lawsuit, and
   5. 4. what is the likelihood of liability?

     4. KCH is exempt from federal and state taxes as a charitable institution. Can any of the actions taken by KCH or others in this fact pattern lead to the loss of tax exemption, and why or why not?

Be between 3 and 3 pages