Problem
Harvey was diagnosed with blockage in his carotid artery. Dr. Strickland recommended a surgical procedure. Harvey agreed. When being prepped for surgery Harvey signed written forms about what he would or not accept during the procedure. In the documents Harvey said no to blood or blood products, based on his faith, and he also signed off on the risks of not having these treatments. He signed off on the statement that said .. "In all probability my refusal for such treatment, medical intervention, and/or procedure (may)(will) seriously imperil my life". Harvey signed again on day of surgery saying ... no blood transfusion or blood products based on his religious convictions.
Julia is Harvey's mom and he documented that she is his emergency contact in the medical record.
The surgery went well but Harvey had blood issues following surgery. It was bad (really bad and life-threatening) and the hospital personnel located Julia, Harvey's mom. Julia came to hospital and approved all of the extensive procedures recommended for Harvey except blood transfusion. Finally after she thought Harvey might die, Julia agreed to blood transfusion to save Harvey's life.
Harvey recovered fully but he sued the physician and hospital based on breach of contract ... he had signed documents saying no blood products or blood transfusions.
Using Chapter 7 concepts (contract, elements of a contract, liability for physicians with hospital contracts, etc.):
• What is the basis for Harvey's lawsuit for breach of contract? What are the facts that apply to case? How does breach of contract apply to this case?