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Essay / Research Paper Abstract
A 3 page paper answering questions about the legality of several events associated with a medical malpractice case. Dr. Sanders operates an abortion clinic in California and advertised her services. Medical error caused a patient to have difficulties; the patient sued Dr. Sanders. The patient's attorney filed a complaint with Superior Court and a summons was issued, Dr. Sanders was served with the papers a week later. Consultation with the California Business and Professions Code and Code of Civil Procedure reveals that Dr. Sanders committed a felony in advertising and that the injured patient's attorney did not adhere to procedure requirements in filing a complaint. Bibliography lists 3 sources.
Page Count:
3 pages (~225 words per page)
File: CC6_KSlawCAmedNeg.rtf
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Unformatted sample text from the term paper:
an abortion clinic in California and advertised her services. Medical error caused a patient to have difficulties; the patient sued Dr. Sanders. The patients attorney filed a complaint
with Superior Court and a summons was issued, Dr. Sanders was served with the papers a week later. 1) Assuming Dr. Sanders is in California, and California statutes apply, did she
do anything wrong by advertising abortion services? Dr. Sanders committed a felony by advertising abortion services in California. Section 601 of the
California Business and Professions Code states: Every person who willfully writes, composes or publishes any notice or advertisement of any medicine or means for producing or facilitating a miscarriage
or abortion, or who offers his services by any notice, advertisement, or otherwise, to assist in the accomplishment of any such purpose is guilty of a felony and shall be
punished as provided in the Penal Code (California Business and Professions Code, Section 601, n.d.). 2) How long does she have to respond to the lawsuit?
Where other procedures have been followed and the suit progresses as required by standard procedure, Dr. Sanders would have 30 days to respond to a lawsuit filed by
the patient (Overview of California Civil Lawsuit Filing Procedures, n.d.). This restriction may or may not apply in Dr. Sanders case, however, because the patients attorney did not follow
the prescribed procedure for initiating a lawsuit involving medical malpractice (discussed below). Even though the patients attorney did not follow procedure as required,
quite likely it will be left to Dr. Sanders attorney or Dr. Sanders to highlight that fact. In the meantime, Dr. Sanders should be certain to respond to the
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