Case Study:

Friday nights have always been the busiest of the week for the trauma unit at Benevolent Hospital, a mid-sized private hospital located in Florida. On this particular Friday night Nurse Empathy, the operating room supervisor for many years and who was well-respected by staff and physicians alike, was alerted that a medical helicopter was in-transit with Mr. Misfortune. Nurse Empathy was informed that he had sustained severe trauma when his car was struck head-on by a drunk driver going the wrong direction on I-95.

The on-duty trauma team immediately went into action: Dr. Eager, a surgical resident began scrubbing; the scrub nurse and circulating nurse began their preparations; and, Dr. Sleepy, the anesthesiologist was ready. Nurse Empathy telephoned Dr. Feelgood, the on call trauma surgeon; he did not answer. She called him several more times, without success. She considered calling Dr. Second, the back-up trauma surgeon, but she was reluctant to cause any problems for Dr. Feelgood.

Mr. Misfortune's condition looked very grim to Dr. Eager; lots of bleeding, vital signs fading. Although Dr. Feelgood had not yet arrived, Dr. Eager believed that he had to proceed with surgery if the patient was going to make it so he quickly prepped and draped the unconscious Mr. Misfortune and readied to make his incision. Dr. Eager removed Mr. Misfortune's spleen and then undertook to repair his lacerated liver.

Dr. Feelgood arrived at the hospital two hours into the surgery. Nurse Empathy immediately noticed the unmistakable odor of Scotch liquor. This was not the first time Dr. Feelgood had arrived in the operating room smelling of alcohol while on call. He was known to have a drink or two, but no one had ever questioned his operating skills. He was also a superb teacher as well; the residents consistently voted him "Faculty of the Year." He was well liked, confident but never arrogant, and always considerate of staff.

This Friday night was different than other occasions. Dr. Feelgood's speech was slurred. Nurse Empathy knew that he was drunk. She suggested that they talk in the doctors' lounge where she told him that it would be best if he remained in the lounge instead of going into the operating room. Dr. Feelgood complied.

Mr. Misfortune died on the operating table. Dr. Eager could not stop the bleeding in Mr. Misfortune's liver. Dr. Eager was not supervised by an attending physician when he performed the surgery, contrary to hospital requiring the supervision of an attending physician when a resident performs surgery.

Issues to Address: (Please note that the assignment originally required a minimum/maximum 10 page report, the number of pages is no longer operable. Instead, the group submission must effectively communicate your collective thoughts. Additionally, the assignment due date is changed to December 1, 2021.)

1. What claims of liability, if any, can be made against Benevolent Hospital, Nurse Empathy, Dr. Eager, and Dr. Feelgood?
2. What defenses to such claims can be asserted by Benevolent Hospital, Nurse Empathy, Dr. Eager, and Dr. Feelgood?
3. Benevolent Hospital knew or reasonably should have known that Dr. Feelgood was an impaired physician. Discuss whether or not you believe that his impairment was the proximate cause of Mr. Misfortune's bad outcome.
4. Discuss whether Immanuel Kant's "categorical imperative" is applicable to the decisions and actions of Nurse Empathy, Dr. Eager, Dr. Feelgood, and Benevolent Hospital and explain why.