Scenario IITorts
After the extraction of two teeth, Yolandas dentist, Dr. Harris, wrote a prescription for pain medication and cautioned her not to drive or operate heavy machinery while taking the medication. Yolanda took the prescription to the drive-in window at the local Walgreens pharmacy. The pharmacy was busy and understaffed at the time, and the technician failed to include information about adverse reactions associated with taking the medication. Yolanda took a pill upon leaving the pharmacy and made another stop at the grocery store. After leaving the store, Yolanda failed to stop at a stop sign, and hit another car, injuring the driver of the other car and a passenger.
Using the textbook, the laws of your state, and other scholarly sources, explain the potential lawsuits and the probable outcomes for the lawsuits filed by the injured driver against Yolanda, Dr. Harris, and Walgreens.
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
Potential Legal Liabilities in the Yolanda Scenario
In the scenario involving Yolanda, Dr. Harris, and Walgreens, various potential lawsuits can arise due to the incidents following Yolanda’s dental procedure. Each party—Yolanda, her dentist, and the pharmacy—may face different legal challenges stemming from negligence, failure to warn, and other tort claims. This essay will explore the probable outcomes of lawsuits filed by the injured driver against each party based on the context of tort law.
Thesis Statement
The legal implications of Yolanda’s actions post-surgery may lead to substantial liability for herself as well as potential shared responsibility for Dr. Harris and Walgreens due to negligence in the provision of care and information, thus highlighting the complex interplay of tort law in medical and pharmacy-related incidents.
Liability of Yolanda
Yolanda’s primary liability arises from her actions after taking the pain medication. By driving under the influence of a drug that impairs her ability to operate a vehicle safely, she can be held liable for negligence. In tort law, negligence requires four elements: duty, breach, causation, and damages. Yolanda had a duty to drive safely, breached that duty by failing to stop at a stop sign, and caused damages by injuring another driver.
Probable Outcomes for Yolanda
1. Negligence Claim: The injured driver can file a negligence claim against Yolanda. Given that she failed to adhere to the warning about driving while on medication, it is likely that she will be held liable for damages incurred by the other party.
2. Compensatory Damages: The injured driver may be awarded compensatory damages for medical expenses, pain and suffering, and loss of income resulting from the accident.
3. Punitive Damages: Depending on the jurisdiction and specifics of the case, Yolanda may also face punitive damages if her actions are deemed reckless.
Liability of Dr. Harris
Dr. Harris prescribed the medication but warned Yolanda against driving while taking it. However, potential liability could arise if it is shown that he did not provide sufficient information about the medication’s side effects or failed to properly assess Yolanda’s understanding of those risks.
Probable Outcomes for Dr. Harris
1. Failure to Warn: If it can be demonstrated that Dr. Harris did not adequately inform Yolanda about the risks associated with the medication or check her comprehension of these risks, he could face a claim of medical malpractice.
2. Causation Link: The injured driver would need to prove that Dr. Harris’s actions directly contributed to Yolanda’s impaired driving, which may be challenging given that she ultimately made the choice to drive post-medication.
3. Vicarious Liability: If Dr. Harris is found negligent in his duty to inform Yolanda adequately, he may also bear some level of liability for damages incurred by the injured party.
Liability of Walgreens
Walgreens, as the pharmacy that filled Yolanda’s prescription, has a duty to ensure that patients receive adequate information regarding their medications, including potential side effects and warnings against operating machinery.
Probable Outcomes for Walgreens
1. Negligent Dispensing: The pharmacy technician’s failure to provide critical information about adverse reactions could constitute negligence on Walgreens’ part. The injured driver may claim that this negligence contributed to Yolanda’s impaired driving and subsequent accident.
2. Contributory Negligence: Depending on state laws regarding contributory negligence, Walgreens might share some liability if it is determined that their lack of communication was a significant factor in the chain of events leading to the accident.
3. Damages Assessment: If Walgreens is found liable, they may be required to pay a portion of damages awarded to the injured party.
Conclusion
In conclusion, Yolanda faces significant legal repercussions stemming from her decision to drive after taking medication, while both Dr. Harris and Walgreens could also be implicated due to potential failures in communication regarding medication warnings. Each party’s liability hinges on specific circumstances surrounding the case, particularly on whether adequate warnings were provided and understood. The interplay of negligence laws creates a complex scenario where multiple parties may be held accountable for their roles in the unfortunate outcome of this incident, highlighting important considerations in tort law related to medical and pharmacy practices.
