Elaine’s company provides actors’ wardrobes for a new movie being filed in Shreveport, Louisiana. Filming was running about two weeks ahead of schedule, and Elaine got a frantic phone call
Torts 2 Hypothetical
Elaine’s company provides actors’ wardrobes for a new movie being filed in Shreveport, Louisiana. Filming
was running about two weeks ahead of schedule, and Elaine got a frantic phone call from the movie set
advising her that additional wardrobe was needed immediately. She rushed to MAX, a retail clothing store
which was packed full of people, because it was having a huge sale. Other customers had to dodge Elaine
as she hurriedly walked down the aisle while texting her assistant who was on the movie set. Although
she did glance up from time to time while walking and texting, she failed to see the empty clothes rack
that was rolling across the aisle directly in front of her. She walked straight into it, tripped over the frame
and fell hard on the concrete floor after slashing her face on a sharp corner of a jewelry display case near
the aisle. The unattended clothing rack, which was on wheels, had been bumped and pushed out of the
way by harried shoppers all day during the crowded sale. It is unclear whether anyone intentionally
pushed the clothes rack into the aisle at the time Elaine tripped over it. Luckily, a MAX employee saw what
happened and immediately raced to Elaine’s aid and called an ambulance. Elaine was transported to
General Hospital where she was triaged and admitted for a severe laceration to her face and other bumps
and bruises.
Elaine’s laceration would require plastic surgery, and she agreed to have the procedure. Dr. Drake, a
General Hospital employee and reputable plastic surgeon, had just returned from a 90-day extreme sports
vacation and was exhausted. However, he still felt as though he could handle this delicate procedure and
obtained the necessary consent forms from Elaine, which clearly listed the possible complications of
surgery, including staph infection. Elaine’s procedure took much longer than Dr. Drake had anticipated,
and in a rush to finish, he made surgical errors that caused Elaine to develop a deadly staph infection.
Follower her surgery, Elaine complained of intents and somewhat unusual pain for the type of procedure
she had. In addition, her entire face was very red and unusually swollen for this type of procedure. She
was already taking the usual post-surgical antibiotics, but more aggressive antibiotics were prescribed for
almost 48 hours after the surgery. By that time Elaine was in severe pain and barely conscious. She died
three days later.
Dr. Drake informed Paul, Elaine’s husband, that Elaine died from known complications from the surgery.
Paul read the consent form and it did in fact state that staph infection was a known complication of the
surgery.
Paul is devastated and angry and has come to you for help.
1. Discuss in detail who may be at fault and why under Louisiana’s “slip and fall” statute.
2. Discuss in detail who may be at fault and why under Louisiana’s Medical Malpractice Act.
Collepals.com Plagiarism Free Papers
Are you looking for custom essay writing service or even dissertation writing services? Just request for our write my paper service, and we'll match you with the best essay writer in your subject! With an exceptional team of professional academic experts in a wide range of subjects, we can guarantee you an unrivaled quality of custom-written papers.
Get ZERO PLAGIARISM, HUMAN WRITTEN ESSAYS
Why Hire Collepals.com writers to do your paper?
Quality- We are experienced and have access to ample research materials.
We write plagiarism Free Content
Confidential- We never share or sell your personal information to third parties.
Support-Chat with us today! We are always waiting to answer all your questions.
