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Your point is moot. The issue standing before the court is whether the doctors, nurses and hospital failed and breached their duties of loyalty and care as a fiduciary to the patient. Furthermore, the cause of action for negligence will cover any and all damages, ascertained in the course of the case.
Wrongful death will probably be thrown out in a demurrer or Motion for Summary Adjudication.
The tort for negligence is easy enough to prove and if put in front of a jury, the hospital stands to lose MUCH more in economic damages as opposed to settlement.
100% certain they will settle out of court.
All the more reason why the quality of health care is falling and the price is rising. Everyone's afraid of getting sued.
George: What do you mean "into the patient"?
Jerry: Into the patient, *literally*!
George: Into the hole?
Jerry: Yes, the hole!
George: Didn't they notice it?
Jerry: No!
George: How could they not notice it?!?
Jerry: Because it's a little mint. It's a *Junior* Mint.
George: What do you mean "into the patient"?
Jerry: Into the patient, *literally*!
George: Into the hole?
Jerry: Yes, the hole!
George: Didn't they notice it?
Jerry: No!
George: How could they not notice it?!?
Jerry: Because it's a little mint. It's a *Junior* Mint.