Duty is created by a special relationship – between the physician and athlete – to protect the participant from unreasonable risk of harm. In this case, what is the source of the duty?

Duty is created by a special relationship – between the physician and athlete – to protect the participant from unreasonable risk of harm. In this case, what is the source of the duty?

Statutes duty

 

What are the inherent risks of playing professional football?

Physical Injury

 

In what way did the physician breach the duty?

Breaching of duty occurs when a staffer fails to protect the participant from the unreasonable risk of harm. In this case, the team physician breached the duty by prescribing a cortisone shot (an injection to relieve pain) even though the pain was a sign that the knee was not healed. He did this to reassure O’Brien that he would participate in NFL.

 

How would the breach of duty be classified: ordinary negligence, gross negligence, or reckless misconduct?  Explain your position in terms of intention to action and intention to harm.

This breach of duty is Ordinary negligence: This is a type of negligence where the service provider increases the inherent risk. Dr. Bruce Hobbs’s prescription of a cortisone shot increased the inherent risks, that is, the original knee injury.

 

Has an act of commission or act of omission occurred? Explain.

In this case, the act of commission has occurred. Act of commission entails initiating an action. Dr. Bruce Hobbs initiated an action of injecting O’Brien with a cortisone shot.

 

Has misfeasance, nonfeasance, or Malfeasance occurred? Explain.

Malfeasance occurred in this case. Malfeasance occurs when a wrongful action is done. Dr. Bruce Hobbs administered wrongful prescription to O’Brien, hence the occurrence of Malfeasance.

 

Was the tort[1] foreseeable by a reasonable prudent professional? Explain.

Yes. The tort was foreseeable by a prudent professional. After completion of the rehabilitation process, the presence of pain was an indicator that the knee had not yet healed.

 

What was the proximate cause of Randall’s permanently damaged knee? Does the (a) probable consequences rule, (b) substantial factor test, or (c) intervening event apply in this case? Explain.

The proximate cost was a substantial factor test. This is because the tort was foreseeable.

 

How would the damage[2] be classified: physical injury, property loss, impaired dignity/reputation? Explain.

The damage is physical injury. The damage caused to O’Brien was physical injury since the knee was permanently damaged. He might also suffer from depression as a result of a damaged knee, which is also physical damage.

Who may be liable for damages in this case: (a) Randell, (b) team trainer/coach, (c) team physician, (d) Chicago Bears organization, or e) NFL? Explain.

The team physician is liable for the damages. This is because he excised negligence in his profession, which resulted in damage.

[1] A private wrong or injury or harm, suffered by the injured party as a result of another entity’s conduct (e.g., staffer, supervisor, or agency).

[2] Damage means the actual element of negligence (i.e., wrong, injury, harm). DamageS mean monetary or other restitution sought and/or awarded.

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