You have been hired to work as an administrator in a large Los Angles hospital.
You have been hired to work as an administrator in a large Los Angles hospital. (It could happen!) The first assignment you are given is to review a matter that recently occurred at the hospital.
A young woman of 17 years of age was badly injured when the motor scooter she was riding was hit by an automobile driven by a drunk driver who had run a red light. The woman was on her way to her Health Law class at CSUN. (“Hey, didn’t you take that course?”, your supervisor asks) It was the first day on-campus classes had resumed since COVID. She was brought unconscious to the emergency department of your hospital. The treating physicians determined that her injuries were of such severity that in order to save her life immediate surgery would be required which would include the amputation of her left leg. The situation was quickly explained to her parents who had been called to the hospital. They were understandably upset but consented to the surgery. The young woman, still unconscious, was rushed to surgery. The surgeons in their rush to save her life amputated the wrong leg. They then had to go back and amputate the correct leg leaving the young woman a double below-the-knee amputee. The young woman and her parents are quite upset to say the least and have advised the hospital that they are consulting with an attorney regarding bringing a malpractice claim against your hospital and the surgeons. Your supervisor wants you to explain the hospital’s exposure in this matter. She wants to understand the concept of malpractice and the claim that the surgeons were negligent. What does the family need to prove? In answering her question be sure to define “negligence” and explain the elements (and sub-parts) which must be proven in order for the family to be successful in a malpractice/negligence suit and how each applies (or doesn’t apply) in your case.
Finally, explain which court the matter would be filed in and why.