Scenario II: Professional Torts
Medical malpractice is negligence committed by a physician or a pharmacist. Present an actual case of medical malpractice filed in your state court system or in the federal district court in your state. You must read the actual case and not an article about the case. You may find the case by first reading the article by researching the South University Online Library or a scholarly source on the Internet, but you will need to read and cite the actual case to receive credit.
Accordingly, respond to the following questions:
Summarize the facts of the case.
Provide your state’s law or regulation relating to malpractice by physicians or pharmacists.
Discuss the outcome of the case.
Explain whether you agree with the verdict. Why or why not?
Sample solution
Dante Alighieri played a critical role in the literature world through his poem Divine Comedy that was written in the 14th century. The poem contains Inferno, Purgatorio, and Paradiso. The Inferno is a description of the nine circles of torment that are found on the earth. It depicts the realms of the people that have gone against the spiritual values and who, instead, have chosen bestial appetite, violence, or fraud and malice. The nine circles of hell are limbo, lust, gluttony, greed and wrath. Others are heresy, violence, fraud, and treachery. The purpose of this paper is to examine the Dante’s Inferno in the perspective of its portrayal of God’s image and the justification of hell.
In this epic poem, God is portrayed as a super being guilty of multiple weaknesses including being egotistic, unjust, and hypocritical. Dante, in this poem, depicts God as being more human than divine by challenging God’s omnipotence. Additionally, the manner in which Dante describes Hell is in full contradiction to the morals of God as written in the Bible. When god arranges Hell to flatter Himself, He commits egotism, a sin that is common among human beings (Cheney, 2016). The weakness is depicted in Limbo and on the Gate of Hell where, for instance, God sends those who do not worship Him to Hell. This implies that failure to worship Him is a sin.
God is also depicted as lacking justice in His actions thus removing the godly image. The injustice is portrayed by the manner in which the sodomites and opportunists are treated. The opportunists are subjected to banner chasing in their lives after death followed by being stung by insects and maggots. They are known to having done neither good nor bad during their lifetimes and, therefore, justice could have demanded that they be granted a neutral punishment having lived a neutral life. The sodomites are also punished unfairly by God when Brunetto Lattini is condemned to hell despite being a good leader (Babor, T. F., McGovern, T., & Robaina, K. (2017). While he commited sodomy, God chooses to ignore all the other good deeds that Brunetto did.
Finally, God is also portrayed as being hypocritical in His actions, a sin that further diminishes His godliness and makes Him more human. A case in point is when God condemns the sin of egotism and goes ahead to commit it repeatedly. Proverbs 29:23 states that “arrogance will bring your downfall, but if you are humble, you will be respected.” When Slattery condemns Dante’s human state as being weak, doubtful, and limited, he is proving God’s hypocrisy because He is also human (Verdicchio, 2015). The actions of God in Hell as portrayed by Dante are inconsistent with the Biblical literature. Both Dante and God are prone to making mistakes, something common among human beings thus making God more human.
To wrap it up, Dante portrays God is more human since He commits the same sins that humans commit: egotism, hypocrisy, and injustice. Hell is justified as being a destination for victims of the mistakes committed by God. The Hell is presented as being a totally different place as compared to what is written about it in the Bible. As a result, reading through the text gives an image of God who is prone to the very mistakes common to humans thus ripping Him off His lofty status of divine and, instead, making Him a mere human. Whether or not Dante did it intentionally is subject to debate but one thing is clear in the poem: the misconstrued notion of God is revealed to future generations.
References
Babor, T. F., McGovern, T., & Robaina, K. (2017). Dante’s inferno: Seven deadly sins in scientific publishing and how to avoid them. Addiction Science: A Guide for the Perplexed, 267.
Cheney, L. D. G. (2016). Illustrations for Dante’s Inferno: A Comparative Study of Sandro Botticelli, Giovanni Stradano, and Federico Zuccaro. Cultural and Religious Studies, 4(8), 487.
Verdicchio, M. (2015). Irony and Desire in Dante’s” Inferno” 27. Italica, 285-297.
Sample Answer
Sample Answer
Medical Malpractice Case Study: [Case Name]
Introduction
This paper examines a medical malpractice case in [Your State], analyzing its facts, applicable laws, and outcomes. The case selected for this discussion is [Case Name], which was adjudicated in the [State Court/Federal District Court] of [Your State].
Case Summary
Facts of the Case
In [Case Name], the plaintiff, [Plaintiff’s Name], filed a lawsuit against Dr. [Defendant’s Name], alleging medical malpractice following treatment for [specific medical condition or procedure]. The key facts of the case include:
– Background: The plaintiff was referred to Dr. [Defendant’s Name] for [specific reason or treatment].
– Incident: During the treatment on [date], the doctor failed to [describe specific negligent action, such as misdiagnosis, improper treatment, failure to inform the patient of risks, etc.]. This failure led to [describe the injury or harm suffered by the plaintiff].
– Consequences: As a result of the alleged negligence, the plaintiff experienced [describe the consequences, such as worsening health condition, additional medical treatments required, pain and suffering, etc.].
– Legal Action: The plaintiff filed a lawsuit claiming that Dr. [Defendant’s Name] breached the standard of care expected in their medical practice.
Applicable State Law
In [Your State], medical malpractice is governed by specific statutes and common law principles. According to [cite relevant state statute or regulation, such as “O.C.G.A. § 51-1-27” for Georgia or similar for your state], a medical malpractice claim requires the following elements:
1. Duty of Care: The physician must have established a doctor-patient relationship, which creates a duty to provide competent medical care.
2. Breach of Duty: The physician must have failed to conform to the standard of care typically exercised by similar practitioners in the community.
3. Causation: The breach must be a direct cause of the injury sustained by the patient.
4. Damages: The plaintiff must demonstrate that they suffered damages as a result of the breach.
Outcome of the Case
After hearing evidence from both sides, including expert testimony regarding the standard of care and the actions taken by Dr. [Defendant’s Name], the court delivered its verdict on [date].
The outcome was that:
– The jury found in favor of the plaintiff, awarding damages in the amount of $[amount] for medical expenses, pain and suffering, and other associated costs.
– Alternatively, if the jury found for the defendant, they concluded that no malpractice occurred.
Discussion of Verdict
I agree/disagree with the verdict based on several considerations:
1. Evidence Consideration: If I agree with the verdict, I believe that the evidence presented clearly demonstrated negligence on the part of Dr. [Defendant’s Name]. The expert testimonies corroborated that the standard of care was not met, leading directly to the plaintiff’s injuries.
2. Impact on Healthcare: Agreeing with the verdict also underscores the importance of maintaining high standards of care within the medical community. It sends a message that negligence will not be tolerated and protects patients’ rights.
3. Counterarguments: If I disagree with the verdict, it may be because I believe that the evidence was insufficient to establish that Dr. [Defendant’s Name]’s actions were outside what could reasonably be expected from a physician in similar circumstances.
4. Professional Judgment: Additionally, medical decisions often involve complexities and uncertainties; thus, it can be challenging to hold physicians accountable for outcomes that are inherently unpredictable.
Conclusion
The case of [Case Name] highlights critical issues related to medical malpractice within [Your State]. Understanding state laws governing malpractice claims and analyzing court outcomes contribute to broader discussions about patient rights and standards of care within healthcare practices. My position on whether I agree with the verdict stems from an analysis of evidence and its implications for both patient safety and professional accountability.
References
1. [Case Name], [Court Name], [Citation].
2. Relevant state statutes or regulations concerning medical malpractice.
3. Any additional scholarly articles or legal analyses related to the case.
Note: Please replace placeholders like “[Case Name]” and “[Your State]” with actual information while conducting your research.
