In the Library…

1. In the Library… • Complete all ten negligence cases with your partners/group. Slides are found following this one. • Create a single-page infographic on the topic of medical malpractice. You should include: • Legal definition • Three real-life examples of cases that have been tried and damages awarded. • Implications of malpractice for medical professionals (including liability avoidance). • Two state/federal policies involving medical malpractice as a legal issue. • At least four direct references to outside sources directly from the medical community or related organizations.

2. For each case, identify: • The Duty: Which party/parties had a responsibility, what was that responsibility, and to whom did they owe it? • The Breach: What exact action indicated a failure of the “responsible party” to fulfill their duty? • The Causation: Prove (or argue) that the breach did or didn’t directly cause the harm. • Damages: What was damaged? How, and to what extent can these damages be recouped?

3. Case Studies! 1. Train personnel shuffle passengers onto a train. One passenger is jostled, causing him to drop a package of fireworks on the electrified tracks, causing a small explosion. Explosion causes large weigh-scale to tip over onto plaintiff, Mr. Smith. Mr. Smith files suit on TrainCo. for damages.

4. Case Studies! 2. Tarasoff v. UC Regents: Student threatens to kill girl while talking to his therapist. Citing confidentiality, the therapist does not warn this girl. Girl is killed, and victim’s family files suit on therapist.

5. Case Studies! 3. Davidson v. City of Westminster: Police have staked out a laundromat due to tip that potential stalker/attacker frequents that area as a late-night spot to find victims. No official warnings regarding the operation are posted/publicized, and Ms. Davidson is attacked while the laundromat is under surveillance. Attacker is apprehended, and Ms. Davidson files suit on Police Dept. for endangerment.

6. Case Studies! 4. Mr. Edwards hits a cow while driving down a country road. He leaves the cow in the road, and later in the day, Ms. Anderson gets in an accident with the dead cow, totaling her vehicle. Farmer’s surveillance cameras later help identify the individual who struck the cow, and Ms. Anderson files suit.

7. Case Studies! 5. William has a mental disability, and accidentally burns down his neighbors barn. (Same farmer as in former case… rough week.) Farmer files suit on the state of North Carolina for damages.

8. Case Studies! 6. Cordas v. Peerless Transportation: Taxi driver is held at gunpoint by a carjacker. As he slows cab approaching a stop light, he jumps out of the vehicle. Vehicle proceeds onto the sidewalk, striking man and his two children. Man files suit.

9. Case Studies! 7. Breuning v. American Family Insurance Co: Over the past year, a woman had demonstrated a sincere, profound belief that she was Batman. One night, while driving, she tried to “fly her car into the moonlight,” which turned out to be the headlight of an approaching motorcycle. Injured cyclist files suit, and woman files suit on AF Insurance company who refuses to pay out.

10. Case Studies! 8. Neumann v. Shlanky: Child golfer fails to yell “fore” and hits Mr. Neumann in the leg with an errant drive. Neumann files suit on child golfer [via parent].

11. Case Studies! 9. Bigsbee v. Pacific Telephone: Man standing in public phone booth is struck by a drunk driver. Man files suit on phone company for proximity of phone booth to the road.

12. Case Studies! 10. Man leaves open flame (fireplace) burning in his apartment. Fireplace is located approximately 15 feet across the room from a PVC plastic gas line that serves as a pilot light for the gas heater. Rat runs into the fireplace, ignites, and flees towards the gas line, which melts and then erupts into flame. Apartment burns, along with three neighboring units. Neighbors file suit on the man.