M6 Discussion

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Overview

This module introduced you to several tort legal theories involving wrongful birth, wrongful life, wrongful adoption, wrongful pregnancy, wrongful death. It also covered defenses to negligence claims. This week, you will select from among four scenarios to research for this discussion.

Instructions

The General Instructions for discussion assignments are incorporated into this weeks discussion assignment. Please read them before posting. Any additional instructions specific to this lesson module are provided below. There are two activities for each discussion board assignment, both with different due dates: (1) initial post; and (2) minimum two replies to classmate posts. Check the Course Syllabus and Schedule of Assignments for due dates. Each discussion has three components: (1) Topic(s) for discussion; (2) Ethics question; and (3) Reflection. Make sure to carefully review and respond to each component. Please give careful attention to the general and additional assignment instructions.

Additional Instructions

• Select one of the four scenarios.
• Include the Scenario you selected in the subject line.
• Use this week's assigned learning materials to post the results of your research.
• You may rely on the assigned learning materials for the rule that answers the topic questions.
• You may, but you are not required to research outside the course materials for the Rule.
  • This is helpful to making an exemplary post, which can lead to extra credit points for exemplary work. It also enhances your knowledge of the assigned reading material.
• Use the IRAC method of legal writing in preparing your post.
• Use headers (issue, rule, analysis, conclusion).
• At the end of your post, cite the rules and resources you relied on in developing your post.

Scenario 1: The Undisclosed Birth Defect

Morgan and Patti met with the supervising of your firm to discuss their three-month-old son Alex, who was born with a severe birth defect. The defect could have been discovered by a routine ultrasound in possibly the first trimester, but for sure by the second trimester. Patti had three ultrasounds in each trimester of her pregnancy. According to Morgan and Patti, if they had been informed of the defect, they would have terminated the pregnancy. The attorney has asked you to research whether the clients have an action against Patti's doctor and if so, what is the likelihood of success. Also, the attorney wants you to research if Alex has a cause of action against the doctor, and if so, what is the likelihood of success.

Discuss the law that applies to this scenario. Make sure to identify the essential elements of the tort and any legal defenses to the tort.

Scenario 2: The ATV Mishap

Kyla and Marsh are avid ATV drivers. They are college students and are engaged to be married next year. They often ride their ATVs in a neighboring community lake area, even though there are laws that prohibit use of ATVs on the premises. They are among many persons who ride ATVs in the lake area, considering that it must be okay because police do not enforce the prohibition. One weekend, their seventeen-year-old neighbor, Callie, asked if she could go riding with Kyla and Marsh. Callie's parents gave their consent for her to go. While riding behind Marsh on Marsh's ATV, Callie fell of the back of the ATV. Kyla was driving directly behind Marsh when Callie fell. Kyla ran over Callie with the ATC. Callie was rushed to the emergency room. Callie suffered severe brain trauma and was placed on life support. Five days later, all life support was removed, and Callie died.

Kyla and Marsh met with your supervising attorney after learning that Callie's parents will be filing a wrongful death action against both of them. They want to know if they are responsible for Callie's wrongful death and if so, who can sue them and what damages can they recover, if successful. The attorney assigned you the task of researching the answers to their questions.

What does your research show? Make sure to identify the law that applies to answer this question.

Scenario 3: The Speeding Police Car

Matthew works for a local cable network company. He installs security equipment in residences in Hometown, NE. After leaving a residence, Matt was driving a main road in hometown, driving the posted speed limit of 35mph and obeying all traffic signals. Matt is deaf. He did not hear the siren of the police cruiser that proceeded through a red light from the opposite direction. The police cruiser is owned by the city of Hometown. The cruiser was traveling 70 mph at the time of impact. The driver of the police cruiser, Jamal, is an officer of the Hometown police department and 20-year veteran. Jamal was responding to a call about an accident involving injuries.

Today, Matt met with the attorney at the law firm where you work. You were present for the initial consultation. Matt asked if he can sue the city of Hometown and Jamal for his injuries. The attorney asked you to research the question.

What does your research show?

Scenario 4: The Bungee Bungle

Larry is an avid bungee jumper who goes jumping whenever he can. He planned for weeks a trip to go bungee jumping on a weekend trip with friends. They went to a new place, Eagle Cliff. When Larry arrived, the company required him to sign a contract. The contract contained a clause expressly stating that Larry understood the risks involved in bungee jumping and he assumed all risks of participating in the jump. Larry read the contract and signed it. He had two successful jumps and during his third jump, a wind came up and pushed Larry against the cliff during the jump. Larry was seriously injured.

Larry met with the attorneys at your firm to know if he has a valid claim and can recover damages against the company that organized the bungee jump. The supervising attorney assigned you the task of researching this question.

What does your research show?

Ethics

You work for the law firm that represents Deanna Spencer, a client involved in an automobile accident last year. You have worked closely with Deanna over the last year. The firm filed a negligence action against the driver who caused the accident. The case is scheduled for trial in nine months. There is no issue regarding liability. The driver was cited at the scene and pled no lo contendere to the criminal conviction for willful, reckless driving. The issue involves Deanna's injuries, the extent of her injuries and need for future treatment.

Deanna went to the emergency room for treatment of her injuries. She was released the same day. The emergency room physician determined she had a concussion, neck sprain, and soft tissue injury to her left shoulder. Since the injury, Deanna has reported several injuries related to the incident. She complains of chronic pain to her left shoulder and neck and also, that she has sleeplessness and depression. Deanna reports she has severe pain moving her neck from side to side, lifting and using her left arm. She has been unable to work for a year and reports she is unable to do major lifting, engage in social and recreational activities before the injury, or perform regular, simple household tasks.

On Monday earlier this week, the adverse party sent an "Offer in Compromise" to settle the case before trial. The supervising attorney for the case was out of the office. You notified counsel for the adverse party that the attorney will return to the office the following Monday. You are aware of the offer.

On Wednesday, you attended the firm's monthly 9-hole golf event. You hate golf. But, you like getting the afternoon off to drive the beverage cart with another paralegal in the firm. After refilling the cart to return to 7th hole, you saw Deanna make a beautiful line drive at the 6th hole. You stopped to be sure. There she was, laughing and moving around as though she never had an injury. Your paralegal colleague, who has been with the firm for 15 years told you to forget what you saw. The case will be over when the attorney gets back to the office Monday. Say something now, and the firm will lose all the work it put into this case. She also said, you couldn't be sure it was Deanna, so you shouldn't worry. You have met and spoke with Deanna many times during the last year. You are certain it was her.

You scheduled time off Thursday and Friday.

When you arrived at the office the following Monday, the paralegal colleague came to your office and told you that your supervising attorney came into the office Friday. Deanna arrived with her neck brace and shoulder sling and signed the settlement agreement.

What do you do? Review the NALA Code of Ethics and Professional Responsibility on the NALA Website to assist you in answering this question.

Reflection

What are your thoughts about a parent's ability to recover for the wrongful death of an unborn child? What about suing for wrongful birth, using as an example, the module video about the 100 women who became pregnant after the negligent acts of a birth control pharmaceutical company in properly packaging birth control pills?