Final project

Research project

Author Note

This paper is being submitted on November 22, 2016, for

Overview of the case

This project is about a case study that was established by plaintiff in order to recover the damages for the mental anguish arising out of a hysterectomy which was performed on the plaintiff at St. Francis Cabrini hospital. This surgery was performed on February 3, 1991. Before this surgery was performed, plaintiff had provided the St. Francis Cabrini hospital with her own blood in case it would be needed during the surgery. According to this case study, Mrs. Bordelon was erroneously given someone else’s blood, (Mulheron, 2016).

When she later learnt that she was given some one’s blood, she suffered severe emotional anguish about the possibility of contracting HIV and aids. She later filed the suit against Dr. Sudha G. pillariseti who was the pathologist and the St. Cabrini hospital asserting a tort claim for the mental anguish, (Closen,1996). According to the case study, Mrs. Bordelon maintained that she was entitled to bring the cause of action for the mental anguish which included fear without accompanying any physical injury. The defendants of this case argued that since the issue would be dipositive of the case, it was supposed to be addressed first, (Mulheron, 2016).

The setting of this case study is at a time when there seems to be failure in the observation of the social and the ethical norms that govern the health sector. The case study took place in the court of appeal of Louisiana in 1991. The main social aspect that was highly considered in this case study was the failure of the pathologist to observe the work ethics a factor that contributed to the filling of the case, (Edwards, 1998).

References

Mulheron, R. (2016). Medical negligence: non-patient and third party claims. Routledge.

Edwards, J. B. (1998). Post-Moresi Negligent Infliction of Emotional Distress. La. L. Rev., 59,

543.

Closen, M. L. (1996). HIV-AIDS Infected Surgeons and Dentists, and the Medical Profession's

Betrayal of Its Responsibility to Patients. NYL Sch. L. Rev., 41, 57.