Question

7. Judge Thomas’ Case #2 is about a doctor who while driving home from a party came upon a bad car accident. The doctor stopped to help even though he wanted to go home and sleep. He tied few tourniquets to most efficiently stop the blood flow in two of the more severely injured victims. He then anonymously called the police to the scene and went home to sleep off his intoxicated state.

When the policeman came to the scene, he found the victims alive but 2 of them had to have limbs amputated where the tourniquets had been placed.

One of the victims had remembered the face of the doctor. The doctor identity was discovered. The victims want to sue the doctor.

a. What is the cause of action or causes of action that can be brought against the doctor?

b. Are there more than one?

c. Does the doctor owe a higher duty of care because of who he is?

Answer 1

Answer a.- As the accident was held due to doctor's car, so the cause of action is against the doctor. He was also in the intoxicated stage, by which he was not able to concentrate on his driving & resulted in an accident.

The another cause can be this also as he should also told his identity to the police, and not to called as any anonymous person.

Answer b.- Yes there can be more than one cause of action.

Answer c.- Yes, He should pay high duty of care and attention because he was a doctor. As it is the duty of every doctor that he should help the injured persons at any time and at any situation. He should not run away from the situation & should told the police the truth by himself. As he was the only reason of that accident & also a doctor by profession.