Dexter is a nurse at the local hospital. On a night shift, he is caring for Elsie, an elderly patient who has been on the ward for several months. She is in a great deal of pain, and her doctor has prescribed that regular morphine shots should be injected into her system by the nurses. Dexter knows that Elsie has had enough, and on this particular night, Elsie, with tears in her eyes whispers ‘Help me’ into Dexter’s ear. Dexter gives Elsie her morphine as prescribed by the doctor. However, Dexter does not fill in Elsie’s medicine chart, so when Fenella, another nurse, comes on duty the next morning when Elsie is asleep, she thinks that Elsie has not been given her usual shot of morphine; so, she injects it herself. Elsie dies later that morning of an overdose of morphine.
Meanwhile, Jackie is an anaesthetist working on the delivery ward. She is dealing with a patient, Carol, who has been told she needs an emergency caesarean as they think her baby is having difficulties breathing. Jackie talks to Carol about the epidural injection she is about to receive and which will allow the doctors to perform the operation without Carol feeling a thing. Jackie does not mention the very small chance that this kind of injection can lead to paralysis. The caesarean is performed by Dr Benson. Unfortunately, Carol is partially paralysed after the operation, and this affects her mobility. It is not clear if this partial paralysis is a result of the epidural injection or the result of a mistake made during the caesarean.
Advise Dexter on his liability, and advise Carol on what options for legal action in tort are open to her.
As you know if a doctor is negligent it would be gross negligence manslaughter as opposed to murder which requires an intention to kill or cause GBH.
Also there is an issue of consent..
Overall I would like good case law and analysis of the law, would need articles too please and journals. Definitely require critical analysis.
use the book: –
• Jonathan Herring, Medical Law and Ethics, (4th Edition, 2012, OUP)
would like you to use more books too and as much as possible,
Overall require good argument, relevant case law and laws also attaching a powerpoint slide which as all the relevant info in there, can you go through it and include them please. Thanks.
would like references and bibliography in addition to the 1200 words, in OSCALA form.