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Healthcare Malpractice essay
Healthcare Malpractice paper
The primary issue for determination in the case of Iturralde v. Hilo Medical Center was whether the defendants HMC and Dr. Ricketson were jointly and severally liable for negligence as claimed by the plaintiff. On the issue of HNC’s liability as a joint tortfeasor and as a state institution, the court applied the rule under the State Tort Liability Act. HRS § 662–2 (1993) regarding sovereign immunity for tort liability for states. The rule states that where the state waives its liability for the tortious acts of its employees, it shall be liable to the same extent and manner as a private individual. The state, in this case, had waived its immunity, hence the Circuit court did not err by awarding joint and several damages against HMC since it was determined that its degree of negligence was more than 25 percent. On the issue of products liability, the court applied the rule in Stewart v. Budget Rent–A–Car Corp. (1970) and the Restatement (Second) of Torts § 402A (1965), that sellers or leasers of defective products are liable for any physical harm or injury caused by such products to the ultimate consumers or users unless there is proof of mishandling by the consumer. The product, in this case, is the rods that were purchased from Medtronic to be used in Mr. Arturo's surgery but which worsened his condition.
The relevant malpractice policies in place for addressing the issues within this case include individual liability policy, product liability policy, and the statutory or ethical policies on the conduct of medical professionals such as doctors.........GET A PLAGIARISM FREE COPY