David, an 89-year-old elderly war hero with no living relatives, drove himself at night to a local hospital when he experienced shortness of breath and a headache. When he entered the emergency room (ER), he was placed in a wheelchair and briefly seen by an ER doctor. He was told that he could not be admitted since he was a veteran and had to go to a VA hospital, which was 90 miles away, for treatment. David was wheeled into the hallway to wait for transportation to a VA hospital. The night shift was busy. After sitting in the hall for 5 hours, David complained that he needed to lie down. The E R staff, who had been trying to move him to a VA hospital with no luck, finally transferred him by ambulance to a local nursing home in the wheelchair. David had a massive stroke shortly after being admitted to the nursing home and died six weeks later. Does there appear to be negligence in this case? In your opinion, who might have acted on behalf of David? In your opinion, would contributory negligence be a defense if there is a malpractice lawsuit relating to David’s death?
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