Question 2 Health Care Law

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  1. We have discussed malpractice exposure and the potential liability for healthcare professionals. Consider the following scenario:
    Two patients are admitted to the hospital with fatal injuries from two different car accidents. Patient A is an organ donor and has expressly consented in writing prior to the accident that she wishes to donate her organs to help others. The second patient, Patient B, is not an organ donor, and her religion expressly forbids it. They came into the hospital at the same time, and through a terrible paperwork mix-up, the patients are confused with one another.
    Patient B passes away just before Patient A, and the hospital immediately begins to harvest Patient A’s organs thinking they were honoring her wishes.
    Based upon what we know about malpractice as a form of negligence, would the family of Patient B be able to sue the hospital for malpractice? Explain why they could sue and what they could sue for.
    Your response should be at least 200 words in length.