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Legal Aspects Of Health Care Administration 11th Edition by George Pozgar
Edition 11ISBN: 978-0763780494Legal Aspects Of Health Care Administration 11th Edition by George Pozgar
Edition 11ISBN: 978-0763780494 Exercise 15
Facts
The patient was scheduled to undergo surgery at a medical center. In anticipation of the surgery and out of fear of contracting the acquired immunodeficiency syndrome (AIDS) through blood transfusions from unknown donors, he arranged to have three known donors donate blood earmarked for his use should transfusion be required.
After surgery, the patient was transfused with 2 pints of blood. However, the blood used was not the blood obtained from the patient's voluntary donors. The blood had been taken from the hospital's general inventory, which had been obtained from the community blood center. The patient subsequently learned that as a result of the transfusions, he had been infected with hepatitis C.
Issue
Was the award of $325,000 in general damages to the patient excessive?
Holding
The Louisiana Court of Appeal held that the award of damages was not excessive.
Reason
In reasons for judgment, the trial court found that the patient was a credible witness. He did not exaggerate his symptoms, fears, or worries about his condition. The court believed the patient when he said he felt like a leper and feared infecting his wife, child, and friends with the disease. The trial court arrived at what it determined to be an appropriate award for general damages. After careful review of the record and in light of the vast discretion of the trial court to assess general damages, the court found that there was no abuse of discretion.
Under what circumstances will an appellate court overturn the decision of a lower court?
The patient was scheduled to undergo surgery at a medical center. In anticipation of the surgery and out of fear of contracting the acquired immunodeficiency syndrome (AIDS) through blood transfusions from unknown donors, he arranged to have three known donors donate blood earmarked for his use should transfusion be required.
After surgery, the patient was transfused with 2 pints of blood. However, the blood used was not the blood obtained from the patient's voluntary donors. The blood had been taken from the hospital's general inventory, which had been obtained from the community blood center. The patient subsequently learned that as a result of the transfusions, he had been infected with hepatitis C.
Issue
Was the award of $325,000 in general damages to the patient excessive?
Holding
The Louisiana Court of Appeal held that the award of damages was not excessive.
Reason
In reasons for judgment, the trial court found that the patient was a credible witness. He did not exaggerate his symptoms, fears, or worries about his condition. The court believed the patient when he said he felt like a leper and feared infecting his wife, child, and friends with the disease. The trial court arrived at what it determined to be an appropriate award for general damages. After careful review of the record and in light of the vast discretion of the trial court to assess general damages, the court found that there was no abuse of discretion.
Under what circumstances will an appellate court overturn the decision of a lower court?
Explanation
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Under the following circumstances, an ap...
Legal Aspects Of Health Care Administration 11th Edition by George Pozgar
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