Legal aspects 2

On June 28, 2006, Cynthia Adae was taken to Clinton Memorial Hospital with symptoms of right shoulder pain, limited range of motion of her right upper extremity, a cough, and a fever. The attending doctors theorized that Adae could have an infection or thyroid abnormality. They considered performing a spinal tap, but didn’t. After ordering a series of blood tests, the doctors discharged Adae the next day without knowing the results.

Adae’s complaint noted that the blood tests showed she was suffering from an infection. One of the doctors “was made aware of the blood culture tests during the afternoon of July 2, 2006, but failed to advise the patient of those results or take any action to further evaluate or treat Ms. Adae,” according to the complaint.

Adae was admitted to Middletown Regional Hospital on July 1, 2006 and again discharged “without a diagnosis of her condition or an investigation of the blood culture tests that had been performed at Clinton Memorial Hospital.” After returning to the Middletown hospital four days later, the true cause of her condition, an epidural abscess, was learned. By that time, however, Adae had “developed progressive paraplegia, weakness of her upper and lower extremities, slurred speech, and acute renal failure.” She was rendered permanently and totally physically disabled at age 50.

Please apply the above facts to the 4 elements of negligent tort law:

1. Duty to use due care

· Standard of care

2. Breach of duty

3. Injury/actual damages

4. Causation

· Proximate cause

· Foreseeability