One of the requirements to satisfy false imprisonment is that the "person is aware of their confinement." Does that mean we can restrain patients, such as those with dementia, because they wouldn't be aware they were being imprisoned?Explain your answer.

1. What would happen if we didn't restrain a person who medically required it? Explain your answer.

6-3

1. Why shouldn't a jury be able to determine if a person has a duty or not? Explain your answer.
2. Suppose a pediatric nurse is on vacation and sees a child drowning.Should she be legally required to respond? Explain your answer.

6-4

_{The third element of negligence is causation.If a negligence lawsuit is unsuccessful, it is most often due to not satisfying the causation element. Look at it like a fill-in-the-blank question.}

_{Did the _________________________cause_________________________? (Insert Specific Act) (Insert specific damages)}

_{Mistakes are made and people are harmed every day in every-day life. But the first doesn't always cause the second. Sometimes mistakes are made that don't result in damages. And sometimes someone suffers damages that weren't the result of doing anything wrong. To prove the causation element of negligence, the act must cause the damages. Let's return to our driving example:}

_{Suppose a person who doesn't have a license is driving a car erratically. They slam on their breaks, causing a car behind them to rear-end them. Hitting the car caused vehicle damage and the deployment of the air bags.}

_{Using those facts, let's plug things into the fill-in-the-blank question.}

_{Did the unlicensed person driving erratically cause vehicle damage and air bag deployment? (Insert Specific Act)(Insert specific damages)}

1. In the above example, do you think that the causation element has been satisfied? Explain your answer.
2. Does the person having a license or not having a license make a difference in answer this question? Wouldn't you end up with the same result? Explain your answer.

6-7

_{Case Analysis: Patty is a patient care technician working in a busy doctor's office. Mr. Jones is a patient who is there for a routine follow-up visit for his blood pressure. The doctor wants to change his blood pressure medication by adding Lisinopril, 20mg once a day. While in his office to write out the prescription, the doctor gets called to the hospital for an emergency.}

_{After waiting an hour, Mr. Jones is growing impatient. Patty goes to the doctor's office, sees the prescription for Lisinopril 20mg once a day and verifies the information in Mr. Jones' medical chart. The only thing missing is Mr. Jones' name. Verifying the medical records and the prescription, Patty writes Mr. Jones' name on it and hands it to him.}

_{The next morning, Mr. Jones take the Lisinopril for the first time.Shortly afterwards, he suffers an allergic reaction and has to be rushed to the hospital and placed on life support.}

Question 1: Did Patty commit malpractice? Explain your answer.

Question 2: What about the doctor; did he commit malpractice? Explain your answer.

Question 3: If Patty were to be sued, which standard of care would be used to scrutinize her actions? Explain your answer.