DIRECTIONS: Read the prompts and answer the questions in the boxes provided. Each question should be answered with a complete sentence, using proper grammar and punctuation. When answering yes/no questions, please provide rationale for your answer.

Relate to Practice

Amiddle-aged male presentsat the emergency department of a local hospital with symptoms suggestive of a stroke. After a thorough examination, a vascular surgeon is assigned to operate on the patient. After a brief postsurgical hospital stay, the surgeon releases the patient with a prescription for Coumadin and orders a follow-up appointment in 7 days to monitor the effects of the drug.

The patient fails to comply and does not follow up on any of his appointments.

Over the next 12 months, the patient has prescriptions for Coumadin refilled. Also, during this time, the patient has the prescription transferred at least twice to different pharmacies. The last pharmacy incorrectly refills the prescription and gives the patient twice the dosage originally prescribed. As a result, the patient dies of internal bleeding caused by long-term Coumadin use. The executor of the patient's estate brings a lawsuit against the surgeon and the pharmacy.

1. Who was negligentthe surgeon, the pharmacy, or both?

2. Was the patient guilty of any negligence? If so, what kind?

Relate to Practice

An individual was watching other people stand in line to receive a vaccination. He spoke very little English and did not ask people why they were standing in line but decided to stand in line anyway. When he got closer to the front of the line, he held up his arm to the physician, who proceeded with the injection. When he realized what had happened, he filed a lawsuit against the healthcare provider and clinic alleging battery.

1. Was this a case of battery? Why or why not?

2. What kind of consent was given?

3. Should the court dismiss the battery claim? Why or why not?

Relate to Practice

A patient is brought into the emergency department by her son. She is suffering from Alzheimer's dementia and is disoriented to her surroundings and family member. Her son gives a history that indicates his mother fell down the stairs. On examination,a number ofbruises are observed on the patient's body in various stages of healing, and the patient exhibits general apprehension and apparent fear when many of the male staff speak to her or try to touch her.

1. What should be done to establish if this is a case of elder abuse?

2. Because the patient cannot provide her history, what evidence should be gathered in this case?

Relate to Practice

A patient was treated as an outpatient at a medical clinic andprescribedasulfa drug. The patient is allergic to sulfa drugs, which was documented in the patient's medical record. However, the medical records technician did not transcribe the allergy note into the computerized patient record. On discharge from the facility, the nurse failed to check the patient's written medical record. In addition, the pharmacist who dispensed the drug did not note the allergy.

After taking one dose of the sulfa drug, the patient had a severe allergic reaction that ultimately led to her death. The patient's family sued the pharmacist and the medical clinic for the negligence of the nurse and the medical records technician.

1. If the claim against the medical records technician was made after she left the clinic's employ, did the clinic's occurrence-basis liability insurance provide coverage to defend her?