Question

1. 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 will 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 reform measure applies to the fact that she receives these payments?
   4. What other tort reform measures might be applicable to this case?

Answer 1

1. The law suit will be based on negligence and malpractice wereby the condition was not thoroughly assessed and the appropriate treatment was not been given.

The proof here can be showed as:

* Stevenson visited the hospital with abdominal pain, nausea and vomiting wereby she was not diagnosed to have appendicitis and later came with the appendix burst which shows doctors misdiagnosis and malpractice.

* the negligence can be proved as he just sent her with the medications which is given for the other illness which made her condition worse as he did not do his work deligently.

2. The damages as a attorney I would seek for the treatmemt expenses and the compensation for the fatality of the condition as per law and the mis diagnosis.

3. Punitive damage, compensatory damage misdiagnosis with medical malpractice.

4. The other tort reforms applicable are:

* joint and several liability reform

* libel reform

* negligence reform

* caps on attorneys fees