Malpractice Case Analysis

1100 Words5 Pages
Mrs. Marcus and each of her eight children, Danielle, Ayana, Rachel, Byrone, Christopher, Felix, Katora and Idris, could make an indirect claim of wrongful death of Mr. Marcus. Wrongful death claim states that if not for negligence; an individual would have lived instead of died. Indirect claims are made by family members or estates. A direct claim can only be made by the individuals that experienced the negligence. A direct claim cannot be made because the negligence happened to Mr. Marcus and he did not live. The Marcus family could seek both economic and noneconomic damages. Economic damages are monetary compensation to plaintiffs that are calculated numerically based on an individual’s expected income and their life expectance, and medical expenses, with no monetary limit. The family could claim the cost of Mr. Marcus’s hospital bills and loss of income from his job as an architect multiplied by the expected number of years he could have worked if he were treated properly and lived. They could also claim noneconomic damages, monetary compensation for pain and suffering caused by negligence within a monetary limit set by each state. Mrs. Marcus can claim loss of consortium, an interruption in the martial relationship. Each of the eight children can claim loss of solatium, interruption in the child parent relationship. There are multiple defendants that the Marcus family would name in this claim. For each defendant named, the plaintiffs will have to prove all four elements of medical negligence - duty, breach of duty, proximate cause and damages. Duty is due care with minimal competence. Breach of duty is the standard of care, what is expected of a reasonably prudent healthcare provider. Proximate cause is the nexus of breach of duty to damages. Damages are results of negligence. Starting with Dr. Jacobs, he performed a 20 minute exam and ordered an EKG. He

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