Mrs. Stevenson was treated at the emergency room at Matthews Health, suffering f

Question

Mrs. Stevenson was treated at the emergency room at Matthews Health, suffering from severe abdominal pain, nausea, and vomiting. The emergency room physician palpated her abdomen but did not order laboratory tests. She was discharged home with a diagnosis of indigestion and given medicine to lessen her symptoms. A day later, she returned to the emergency room with excruciating abdominal pain and worsening nausea and vomiting. At that time, she was diagnosed with a ruptured appendix, peritonitis, and septicemia. In this life-threatening condition, she was taken to surgery for an,appendectomy and was given strong antibiotics for the next several weeks. Mrs. Stevenson filed a lawsuit against Matthews Health and the emergency room physician who discharged her home. Her attorney wants to seek economic and non-economic compensatory damages and punitive damages. Consider the following: 11 1. What cause of action ill the lawsuit be based on? What elements must be proved? 2. If you were Mrs. Stevenson's attorney, what type(s) of damages would you seek? 3. Mrs. Stevenson receives monthly disability payments. If she wins her lawsuit, what tort 9 reform measure applies to the fact that she receives these payments? 4. What other tort reform measures might be applicable to this case? Remember these answers should be several paragraphs long and I should be able to understand which question you are answering!

Explanation / Answer

Solution:-
1. The cause of action on which the lawsuit would be based on is that of medical negligence and infliction of emotional distress due to the same.
The plaintiff should prove that she had received inappropriate medical advise from the medical facility which led to an aggravation of her medical condition which further led to an extended recovery period.

2. As Mrs. Stevenson's attorney I would be claiming both compensatory as well as punitive damages for her.

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