Assignment 2
By
Alfred Onyekaba
HSA 515
Health Care Policy
Law & Ethics

Denise Pica-Branco, Ph.D.
Strayer University

Identify and explain at least three legal considerations
When considering the legalities of this scenario, negligence, vicarious liability, and physician- patient relationship are a few components that affect the outcome of a lawsuit. The amount of legal torts that were violated in this case was enough to cause disputes between patients and healthcare staff. Negligence is a familiar tort that occurs much more than it needs too. Unfortunately in this case, vicarious liability and patient-physician relationship are two considerations that influence this case as well. According to (Dictionary.com), negligence is defined as “the failures to exercise that degree of care that, in the circumstances, the law requires for the protection of other persons or those interests of other persons that may be injuriously affected by the want of such care” (2012). The proximate cause which led to negligence, was Identified when a nurse gave an incorrect medication to a patient who later died. Whether or not the patient died from this malpractice, the hospital was still liable for this tort. In addition, failing to administer proper care to patients directly impacts the patient-physician relationship, which by law can be a breach of contract.
Physicians have an implied service agreement that is exercised as soon as they accept to render patients their services. This relationship can also be considered a breach of contract if a healthcare facility fails to give adequate services. The patient-physician relationship appeared to be tarnished in this case due to poor service that was given to the patients. Even though the hospital was understaffed and under severe weather conditions, lt was the responsibility of the chief officer to