Essay Example on Daffy Duck Medical Negligence Case with XYZ Hospital

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Daffy Duck Medical Negligence Case with XYZ Hospital On August 28 2016 Daffy Duck was taken to XYZ Hospital with symptoms of chest pain The attending doctors theorized that Daffy could have been having an anxiety attack or heartburn that gave him intense chest pain They considered performing a heart cath but didn t After ordering a series of tests the doctors were discharging Mr Duck the next day without knowing the results of him having major blockage and needing a stent He ended up having a heart attack and was treated which resulted in his stay longer in the hospital Mr Duck s complaint noted that the EKG showed he had a block rhythm One of the doctors was made aware of the EKG tests during the afternoon of September 2 2016 but failed to advise the patient of those results or take any action to further evaluate or treat Mr Duck according to the complaint As a result of the negligence of the hospital Daffy Duck has suffered significant damage to his heart and has been disabled at age 49 According to the complaint he also has gained physical pain and mental distress and expects to incur such expenses and losses and suffer pain for the remainder of his life After reviewing the above information from Mr Duck s attorney and as the in house representative for the XYZ hospital I believe a lawsuit is imminent I believe it is in the best interest of Mr Duck and the hospital to avoid the cost of litigation I have proposed to Mr Duck and his attorney alternative dispute resolutions such as arbitration mediation or negotiation Arbitration has some advantages for both the XYZ hospital and Mr Duck

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The advantage of arbitration in this case is basically it produces a binding decision made by a third party for both Mr Duck and the XYZ Hospital A court can hear complaints about procedural fairness or the arbitrator s conduct if they are asked to review a decision in the negligence case I believe it keeps it fair for Mr Duck and the XYZ Hospital Disadvantage of arbitration in my opinion is that I think that without some serious thinking the proceeding could go downhill and finger pointing be just pointed at the XYZ hospital In result that could possibly block the resolution negotiated between Mr Duck and the XYZ Hospital There are many advantages to arbitration as a way to resolve the case at hand One being the legal teams can usually agree on the arbitrator so the arbitrator will be someone that both sides have confidence will be fair to both Disadvantage to arbitration is that it is binding Mr Duck and the XYZ Hospital will give up their right to an appeal This means there will be no no real way to correct what one party may feel is a wrong arbitration decision If Mr Duck and his attorney didn t think that was a great option I also propose to do mediation The mediator does not impose a solution I think this would be the best way to help Mr Duck and the XYZ to resolve their own dispute Mediation can be a very useful way to resolve the negligence issue out of court for Mr Duck and the XYZ Hospital and save legal fees Mediation has its disadvantages and sometimes can be overlooked It isn t the best way to get to the truth In a courtroom setting lawyers have more control and use tools to get people to testify and provide evidence that are not always available to mediators Negotiation is the final ADR that is offered to Mr Duck and his attorney

The advantage is it give both Mr Duck and the XYZ hospital to reach a mutual resolution No 3rd parties and just attorneys in my opinion can be the downfall It can be hard to come to a resolution It is also binding on both sides of the lawsuit Mr Duck and his attorney declined all resolutions and want to go to trial Mr Duck is suing the XYZ Hospital because of the negligence and it will go to the Circuit Court Once this case goes to trial there will be a pre trial investigation to prove that a physician breached the medical standard of care and caused negligence to Mr Duck The Court of Claims is given original jurisdiction to hear and determine all civil actions file For civil courts this can include personal injury cases like medical malpractice Once the trial is over and the verdict is read the losing party has the right to appeal So if the XYZ Hospital loses and feels they were not in the wrong our attorneys will file an appeal Once the final judgement is entered any party who wins will begin to collect their damages that were awarded and the process is over



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