Your attorney has recently interviewed Dr. Willard Smith, who suffered an anaphylactic reaction to a dye that was used when administering a diagnostic test designed to test his pulmonary capacity. Because he temporarily stopped breathing but was not treated for about 10 minutes (it took that long for the paramedics to get to him), he became comatose for several weeks and it was believed he was going to die. He regained consciousness and was in physical therapy for almost a year, regaining about 60 percent of the mobility and 40 percent of the manual dexterity he had before the incident. He is no longer able to work as a veterinarian and has sustained substantial financial as well as emotional losses as a result.
Dr. Smith wants to sue the hospital where the test was administered. Your supervising attorney has asked you to do some preliminary research before she decides whether to accept this case.
Answer the following questions on the hypothetical facts above
1. What torts, if any, do you think Dr. Smith can sue for?
2. List the elements of each tort you think Dr. Smith can sue for.
3. Is malpractice relevant in this case?
4. If yes, describe and explain the standard of proof that must be applied in malpractice in this case.
Scenario 1
* Why must paint collected from a vehicle involved in a hit-and-run accident be taken from the area of the car suspected of being in contact with the victim?
* Where else should one collect paint from and why?
Scenario 2
* Describe the proper collection and preservation of paint evidence from an automobile suspected of being involved in a hit-and-run incident.
* Include details on proper collection.
* Explain why each step is necessary.
* Paint that is foreign to the suspect automobile is observed on the hood. What should you do with this additional evidence?
As a potential client, which rate structure would you be most amenable to? Fixed fee? Contingency fee? or Regular Hourly fee?
Answer the following questions based on Chapter 20.(APA citations)
(1) What is a garnishment? Give an example of when you would seek garnishment.
(2) What is a judgment?
(3) What is an offer of judgment? How does a defendant benefit by making an offer of judgment?
(4) What are two grounds for setting aside a judgment?
(5) What is the time limitation for vacating a judgment on the grounds of fraud?
Question:
Assume that you are an attorney at a law firm. You represent a plaintiff who was struck and injured by a car driven by Mr. Smith. The plaintiff has sued Mr. Smith and obtained a verdict against him for $200,000. You are concerned about whether Mr. Smith has assets and whether his insurance company, Car insurance, Inc., will provide coverage. What can you do to check on Mr. Smith’s assets and the insurance as soon as the judgment is entered?
