lesson 4

Screencast on Negligence/Medical Malpractice: http://screencast-o-matic.com/watch/clXi2wVcUI Simons, Kenneth W. (July 1, 2002). Dimensions of negligence in criminal and tort law. Theoretical Inquiries in Law. http://www.bu.edu/law/faculty/scholarship/workingpapers/abstracts/2002/pdf_files/SimonsK080802.pdf Einaugler v. Supreme Court of New York, 109 F.3d 836 (2nd Circ. 1997). http://ezproxy.sjcme.edu:2048/login?url=http://www.lexisnexis.com/lnacui2api/api/version1/getDocCui?lni=3S4X-J3T0-00B1-D0G8&csi=6496&hl=t&hv=t&hnsd=f&hns=t&hgn=t&oc=00240&perma=true The case you will use in your analysis is Einaugler v. Supreme Court of New York, 109 F.3d 836 (2nd Circ. 1997), which is in E-Reserves. You may also do independent research to locate additional information about this case. · Identify the main facts of the case. You may itemize these in a bulleted list. · Identify any legal issues that are present, as well as the doctrines and/or duties that apply. You may itemize these in a bulleted list. · Discuss what fact or facts lead the prosecutor in this case to charge Dr. Einaugler with criminal reckless endangerment rather than malpractice. On conviction, what was Dr. Einaugler’s “penalty,” the remedy given to the State? · Do you believe that the facts (as provided in the appellate court’s decision) support a malpractice claim? Explain your rationale using the four elements of a malpractice cause of action. What remedies would be available to the patient’s family? · Do you agree with the prosecutor’s determination to try this case as a criminal case? Justify your answer.