PLEASE READ BELOW AND PROVIDE FEEDBACK TO THE 3 QUESTIONS

Facts

Dr. Brad Johnson, a successful pediatrician and well-respected member of the medical community, had what appeared to be a mild stroke. His doctor felt that he might be suffering from a brain bleed, also known as a cerebral bleed. He referred Brad to a noted specialist, Dr. James Brown.

After examining Brad and reviewing his medical records, Dr. Brown decided he would have an angiography performed. This is an x-ray technique/test that includes the injection of dye into the chambers of the heart or arteries that lead to the heart. The test would help Dr. Brown determine if an operation was necessary.

While not routine, the procedure was not overly complicated. It certainly did not require the trained and talented hands of Dr. Brown, a well-renowned neurosurgeon. Dr. Brown decided this would be a great opportunity for his young associate, Dr. Seminole, to get some practice at performing the procedure. Angiography is not used as much today as in the past because less invasive procedures are available, such as ultrasound. It was Dr. Brown's professional judgment that using angiography was more appropriate in Brad's case.

Dr. Seminole inject what he thought was liquid dye into Brad's blood vessel. Only moments later Brad's heart stopped and he could not be revived. Subsequently, it was learned that the syringe the nurse handed to Dr. Seminole was empty. Dr. Seminole had relied on the nurse and did not check to see if there was dye in the syringe. As a result, air was injected into Brad's bloodstream instead of dye, which caused his death.

Brad's widow has come to your law firm to find out what her legal rights are in this case.

QUESTIONS

1. Identify the key facts presented in the Facts.

2. Identify the legal issues presented in the Facts.

3. Include a source from Westlaw on that topic.