Discussion Post: Negligence and Medical Malpractice
Reply prompt: Respond to threads posted by your classmates who reached a different conclusion than you did. Identify the points of difference in your analyses and explain how your sources and analysis led you to your conclusion.
The reply discussion asks you to respond to classmates who reached a different conclusion than you did. As often happens on this case, most of the initial threads agree on an overall finding of liability. If you look more closely, however, you will see differences among your threads.
Issues to examine as you write your replies:
1) Look for differences in your analyses, how you reached your conclusions, etc.
2) Where does liability lie? (just the doctor, just the hospital, other caregivers, some combination, etc.) Each entity that you are holding liable must meet all four of the elements.
3) Is the hospital only vicariously liable through respondeat superior for employee negligence, or is it also directly liable for its own actions?
4) If the hospital is liable through respondeat superior for the negligence of its employees, should it seek indemnification (reimbursement) from those employees for money it has to pay the Smiths for the employees' negligence?
5) How far does liability extend?
The response should include a reference list. Using one-inch margins, Times New Roman 12 pnt font, double-space and APA style of writing and citations.