- Identifying and analyzing each breach of duty
- Identifying and applying the relevant standard of care applicable for each breach
- Identifying the relevancy of any special rule or doctrine that applies to each act that may constitute a breach of duty
Your supervising attorney hands you a file and tells you to review the attorney’s notes of the client interview as well as the medical records and prepare a memo outlining all acts that you believe constitute negligence. Use negligence as the relevant standard that applies and any other torts you think are applicable to the facts.
The client’s name is Linda. Linda is a foodie that blogs about the fine dining establishments in town. She and her husband decided to try out a new Italian restaurant. She orders chicken Marsala, a Caesar salad and a bottle of the house chianti.Halfway through her meal she started to chock on a small chicken bone that became lodged in her throat. The chicken was supposed to be boneless but one of the new sous chefs made an error in deboning the chicken and left a small bone fragment in the flesh.
Luckily for Linda her server, Anne, a sixteen-year-old high school student, spent her summers as a lifeguard where she was trained in CPR and other lifesaving techniques. While she’s not required to help, she decides to try the Heimlich maneuver to dislodge the bone. Anne was successful. Linda thanks Anne and leaves a very generous tip.
A couple hours later, Linda started to feel light headed. She decided to get dressed for bed and end the night early. While undressing, she noticed very deep and severe bruising around her upper abdominal area. She goes to tell her husband to show him but passes out before she can say anything. Her husband immediately calls 911 and an ambulance soon arrives on the scene. She is immediately brought to the ER where it’s determined that Anne’s Heimlich maneuver had caused the laceration of Linda’s liver.
Linda is immediately prepped for surgery. During the surgery to stop the bleeding, the surgeon nicks an artery, which is a known risk. The surgeon cauterizes the artery after some effort and proceeds with the operation without further incident.
After spending a few days recovering at the hospital, Linda returns home. She feels some minor irritation around the incision site but just dutifully takes her pain meds and cleans the incision site as per her physician’s instructions. A couple days later, the minor irritation becomes painful and the surgical area swollen. She heads back to the ER. It is eventually discovered that the surgeon had forgotten to take a piece of surgical gauze out of the surgical site before closing. Linda had to undergo another surgery to remove the gauze.