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Dr. Jay’s patient, Nancy, is suffering from high blood pressure and high cholesterol. She was scheduled to come to Dr. Jay’s offices on the first of each month at 2:00 PM. In January 2008, Dr. Jay’s medical secretary, Anna, realized that Nancy had an unpaid balance of five hundred dollars. Nancy promised that she would make full payment by the end of February 2008 However, Nancy did not keep her promise. In the morning of March 1, 2008, Anna called Nancy to inform her that her today’s afternoon appointment was cancelled and that Nancy should call the office in fifteen days to re- schedule. On March 15, 2008, Nancy called Anna to re- schedule her medical appointment. Anna told Nancy that Dr. Jay would be able to see her on May 1, 2008. However, on March 22, 2008, Nancy did not feel well. She went right away to Dr. Jay’s office and let Dr. Jay know that she was feeling dizzy to the point that she might pass out. Anna responded: “Pay or seek the services of another physician”. Nancy had no other option but to leave Dr. Jay’s offices. On her way back home, Nancy fainted and fell on the sidewalk. Seeing that Nancy was unconscious and unable to breathe, Jessica, a registered nurse at the Brooklyn Hospital, who was passing by at that time, performed cardiopulmonary resuscitation (CPR) on Nancy and called 911. Jessica wore a big diamond ring while she was performing CPR on Nancy Nancy was transported by ambulance to the Brooklyn Hospital. Laboratory tests revealed that one of Nancy’s ribs was fractured. Nancy agreed to undergo surgery to repairs her ribs. While Dr. Martin was operating on Nancy’s fractured rib, he saw that Nancy had a cyst on another rib. He performed surgery on it as well. When Nancy came back from the recovery room, he explained to Nancy that he had to remove the cyst because Nancy might feel pain in her thoracic cage until the cyst is removed. Naney’s recovery from these two procedures went well. However, a month after her discharge from the hospital, Nancy hired your boss, Vlad, who asked you to write a legal memo/essay to explain whether Nancy would prevail in a lawsuit against A.- Dr. Jay (30 pts) B.- Nurse Jessica (30pts) C.- Dr. Martin (30 pts) D- Brooklyn Hospital (10 pts)
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