Critical Thinking Essay on Markesinis and Deakin’s Tort Law

Critical Thinking Case 4 part 1

The case of Blu v. Redridge Trauma Center is one of professional negligence. The patient, Jennifer Blu, suffered both emotional and pecuniary damages as a result of non-performance by the hospital of the duty owed to her(Deakin & Johnston, 2003). The patient suffered from COPD and Emphysema,which is exacerbated by humidity. Due to a storm, the window of Blu’s room was shattered, prompting the maintenance crew to cover the windows using plastic. The crew was to return later and replace the glass but they did not. Blu was prompted to inform the nurse of the matter, and the nurse called the maintenance crew, but they did not show up. As a result of poor increased humidity, Jennifer’s condition worsened, and she had to stay an extra four days. The insurance company refuses to cater for theadditional fees.

Since the insurance company refuses to pay for the extra four days, Jennifer can opt to sue the insurance company for performance or the hospital for damages. If she chooses to sue the insurance company to perform their duty, she will benefit as the insurance company will pay for the extra four days. If however she fails in her suit, she will have to pay for the extra four days as well as undergoing the rigors and additional expenses of a suit. If she sues the hospital successfully, she will have the bill settled and may get additional damages for emotional turmoil(Feinman, 2010). If unsuccessful, she will have to pay the hospital bill herself.

Jennifer should sue the hospital for negligence. The maintenance crew acted negligently. They were supposed to repair Blu’s window, but they only put a plastic seal. They were also supposed to come later to fix the window but did not. Since it was foreseeable that the humidity as a result of the broken window would worsen Jennifer’s condition, the hospital should have transferred her to another room when the crew did not avail themselves. The hospital failed to do so and as a result of the ensuing humidity, Jennifer’s condition worsened and she had to stay an extra four days in the hospital. The hospital thus owed a legal duty of care to Jennifer, a duty they failed in, and one that caused emotional and financial harm to Jennifer. The hospital should pay for the extra four days.

References

Deakin, S., & Johnston, A. (2003). Markesinis and Deakin’s Tort Law. New York: Oxford University Press.

Feinman, J. (2010). Law 101. New York: Oxford University Press.