IHP 420 Describe The Case
docx
keyboard_arrow_up
School
Southern New Hampshire University *
*We aren’t endorsed by this school
Course
420
Subject
Law
Date
Feb 20, 2024
Type
docx
Pages
3
Uploaded by GrandPowerSkunk31
IHP 420 Describe the Case Worksheet
Issue (What facts and circumstances brought these parties to court?)
● Who are the parties in this case:
plaintiff and defendant?
Plaintiff- Alla K. Popovich wife and Guardian Ad Litem of Aleksandr M. Popovich
Defendant - Allina Health System and Emergency
Physicians Professional Association (EPPA)
● What facts and circumstances brought these parties to court?
On February 9, 2016 Mr. Popovich went to the ER
at Unity Hospital with symptoms of dizziness, loss
of balance, blurry vision, and trouble breathing. A
physician ordered a CT scan of the patient’s head then a radiologist reviewed the scan. The patient
was released 2 hours later from the ER. At 11:16 am Mr. Popovich became unresponsive; an ambulance took him to Mercy Hospital. A second CT scan was ordered on the patient. A radiologist reviewed both the first and second CT scan. The radiologist found abnormalities between the scans and found swelling on the brain. Mr. Popovich was transferred to Abbott Northwestern Hospital to get further medical care at 5:37 pm. A doctor at Abbott Northwestern diagnosed him with a stroke that left him with serious and irreversible brain damage. Mr. Popovich will require therapy and nursing care for the rest of his life. ● Is the court deciding a question of fact
—i.e., are the parties in dispute over what happened?
Or is it a question of law
—i.e., is the court unsure which rule to apply to these facts?
In this case the court is deciding the question of fact and law on whether the Allina Health System
should be found liable and responsible for medical malpractice and if the hospital should be exempt from holding an independent contractor liable as well. The plaintiff is looking for fault to be made against the defendant for not providing adequate care for Mr. Popovich when arriving at the first ER through being transferred to Abbott Northwestern Hospital but Under Minnesota law that bars a suit against a hospital based on negligence by independent contractors. ● Which facts of the case raise issues?
This case raises the issues of who is liable for medical care that happened at two different emergency rooms that are owned by a hospital system, can independent contractors be held liable while working inside a hospital and have the same authority as other medical staff, ● What are the nonissues
?
We do not know the pre-existing conditions of Mr. Popovich. We don’t know the extent of training or experience the radiologist has in reading scan. Did they know what to look for in a
stroke victim. We don’t know the reasoning for
Modified from http://www.lawnerds.com/guide/irac.html
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help