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Managment Law

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Submitted By maysm
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Case 1

Marge was suffering pain in her leg and went to see Dr. Hibbert for a consultation. Dr. Hibbert decided that a muscle biopsy was the appropriate diagnostic measure to take. Dr. Hibbert had Marge sign a consent form wherein she gave consent to the muscle biopsy. The consent form also had this clause in it:

“I also consent to such further or alternate measures as may be found necessary during the course of the operation.”

During the muscle biopsy, Dr. Hibbert noticed an unusual bone growth in the same area where the biopsy was done. He performed a bone biopsy as well as he was concerned that there might be a problem with the bone. Following the surgery, Marge was discharged with a pair of crutches. She was not told about the bone biopsy, nor was she told not to put weight on her leg. Several days later, while using her crutches, Marge put weight on her leg and it broke. It was determined that the leg broke at the exact location of the bone biopsy. Marge went to a lawyer, Lionel Hutz, and decided to sue Dr. Hibbert.

a) What arguments would Lionel Hutz make on behalf of Marge to establish the liability of Dr. Hibbert? In answering this question, be sure to state the applicable cause(s) of action and why they apply to these facts.
b) What arguments would Dr. Hibbert’s lawyer make in an effort to avoid liability?
c) What is the likely outcome of this case and why?
d) Would the result be different if it were established that Marge had particularly brittle bones and that her leg would not have broken had her bones been healthy?

Case 2

The Springfield Nuclear Power Plant had its annual picnic at a local park. The SNPP supplied all of the food and beverages, including beer and wine. Chief Wiggum was hired by the SNPP to provide policing for the picnic in the event anyone got out of hand. Lenny and Carl attended the picnic and had far

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