Read Activity 10.1: John Parker beginning on page of 245 of the Harris text. Evaluate the four specific claims in the state court lawsuit. Which counts will likely prevail and why? Which counts will likely fail and why?

Claim 1: Dr Greene was negligent in prescribing the wrong dose of pentamite

Claim 2: Dr Greene had failed to obtain informed consent for the pentamite treatment and she failed to inform him the of risk that she might prescribe the incorrect dosage and causing his death, and if Dr Greene had informed him of taking the wrong dosage would have caused his death he would not have taken it.

Claim 3: The “Plan” should have responsibility for Dr Greene’s negligence

Claim 4: The “Plan” should be held liable for its own negligence …show more content…
Dr Greene, being negligent in prescribing the wrong dose of medication, she did this unknowingly. She presumably informed Mr Parker of the risk, benefits and complications of the drug. Under this claim, I do not think it would reasonable to expect some to explain that 10 times the dose would kill them, that is because the doctor felt that this was the correct dose. In addition, from an informed consent standpoint, if the physician had explained the general information regarding the drug and the patient was of sound mind then that would constitute informed consent verbally. So under these circumstances I would not expect the claim the doctor should have explained the risk of 10 times the normal dose to prevail. I feel this would all fall under the …show more content…
This claim would fall under Respondeat Superior.”Respondeat superior embodies the general rule that an employer is responsible for the negligent acts or omissions of its employees. Under respondeat superior an employer is liable for the negligent act or omission of any employee acting within the course and scope of his employment. This is a purely dependent or vicarious theory of liability, meaning a finding of liability is not are paid “by the job.” Further, independent contractors generally have “sole control over the means and methods of the work to be accomplished.” While the fact that physicians exercise independent medical judgment in the treatment of their patients is a factor showing the absence of control, this “sole control” is only one factor and is not determinative of whether an employed physician is an employee or independent contractor. For example, medical residents and medical school faculty are generally considered employees, not independent contractors, even though they exercise independent medical judgment in treating their