Scenario 1: Introduction to the Legal Framework of Medicine Bonnie Bowser, an 82 year-old, fell and seriously injured herself as a result of the fall. She was examined at the emergency department of the Miraculous Regional Health System, diagnosed with a fractured olecranon process, and referred to an orthopedic surgeon. The surgeon who examined Ms. Bowser scheduled her for corrective surgery the next day. In his initial examination, he noted that she had a past medical history of hypertension, diabetes mellitus, two myocardial infarctions with quadruple bypass surgery, and a cerebrovascular accident affecting her left side. She was taking several medications, including Lasix (a diuretic), Vastoec (for treatment of hypertension and symptomatic congestive heart failure), Klotix (potassium supplement), and Glybruride (for the treatment of hyperglycemia related to diabetes). He noted that she smoked an average of one pack of cigarettes per day; that she had abnormal chest x-rays, suggesting congestive heart failure; an EKG indicated that indicated ischemic heart disease; and signs of edema, indicating congestive heart failure. She was a high-risk candidate for any kind of surgery. After anesthesia was administered, she began to deteriorate rapidly. While in the operating room, she had suffered cardiopulmonary failure and a stroke. She died a few days later from complications of the stroke. The anesthesia was the cause of her death, as she was severely "medically compromised" and an elbow operation did not justify the obvious risks. Bonnie had consented to the operation. Her health insurance paid for the procedure. The hospital allowed the operation to proceed.

1. Write out the operative legal principles and elements. For example, if it is a malpractice scenario, identify and define the necessary elements (e.g., duty, breach of duty causation, and damages).
2. As you begin to analyze the scenario, it is important to illustrate the legal principles by applying the facts of the scenario to the legal requirements. Try to have at least one to two facts to support each of the legal claims you make.

Question: Is this a question of malpractice? If so, who should be liable? To what extent do the course themes factor into your analysis?