HEALTH LAW: CASE ANALYSIS Jason v. Angela. Jaso

Jason v. Angela. Jason has a cause of action against Angela, who by speeding, driving under the influence and running a red light, undoubtedly violated local ordinances and is, therefore, liable under the law of the state where the accident occurred for negligence per se. Angela's main defense is lack of proximate cause. Under the broadly accepted rule of Palsgraf v.

Long Island R.R. Co. (New York Court of Appeals 1928), a person in a public area is responsible --i.e. has a duty toward-- others damaged by his or her negligence when the injury was reasonably foreseeable by the actor (Angela) and within the zone of risk created by her negligence. A jury might or might not decide that the sequence of events involving Jason's dog was reasonably foreseeable by Angela. If the injuries to Jason were reasonably foreseeable, then Angela might be held liable for subsequent worsening of his condition, such as his lung collapse, under the theory that defendants take plaintiffs in the condition in which they are at the time defendants injure them. McCahill v. New York Transp. Co., (New York Court of Appeals 1911). Angela would argue that she should not be responsible for the injuries caused by subsequent physician and hospital negligence, which would be independent intervening causes which broke the chain of proximate causation. Another possible defense is that Jason was contributorily negligent in failing to control his dog.

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record of malpractice, he might be held liable for recklessly endangering Jason's health and, therefore, for punitive damages. If Dr. McCarthy was a County Hospital employee, the hospital would be liable for his negligence under the doctrine of respondeat superior. Even if he was an independent contractor, numerous cases in California and elsewhere, such as Elam v. College Park Hospital (Calif. Court of Appeals 1982), have held hospitals liable for the negligence of physicians who have privileges to practice there under the doctrine of corporate negligence. The hospital also has a duty to prudently select, review and evaluate physicians with staff privileges. See Darling v. Charleston Community Memorial Hospital (Illinois Supreme Court 1965). In this case, County Hospital violated that duty by failing to heed the warnings posed by the data in the National Practitioner Data Bank concerning Dr. McCarthy. The hospital might also be liable for punitive damages since it repeatedly (five times) ignored those warnings. Failure by any insurance company or health care provider to report malpractice claims and payments may constitute a civil violation of the Health Care Quality Improvement Act of 1986. It's unclear whether the statute's

Category: Government - H