Tort
After reading the case, the problem scenario raises issues governing the legal act or verdict related to the medical standard of care. The legal issue for determination, in this case, is whether the defendant Dr. Smith is liable for negligence and substandard care. Negligence and substandard care results in medical malpractice when the treatment is below the medical standards or causes harm to the patient (Nordqvist, 2017). In this case, the health provider neglected to provide appropriate treatment or failed to take appropriate action, thereby leading to harm to a patient. In the case of a medical lawsuit or claim, patients can recover from medical bills, pain, and suffering, and lost earnings (National Paralegal College, 2019). Thus, based on the circumstances and actual events that transpired upon this case, my arguments support the plaintiff, Mrs. Jones.
The fact supporting this position is that Dr. Smith told Mrs. Jones to go to the emergency room immediately. By telling her this, he knew that the patient condition needed urgent care. However, he failed to offer the assistance required to reach the nearest emergency room. Arguing that the patient went to see Dr. Smith without an appointment is lame because, patients have the right to change providers or seek new staff member (Haseltine, 2016). The doctor also failed to provide a valid response to her medical situation. Instead, he only told her to go to the emergency room without warning her that the baby was in danger. The argument that the plaintiff decided to go home and rest is inconsistent because the patient was in the midst of pain brought by cramping. Therefore, she was not in a position to think or even ask for help. Thus, it was the responsibility of the doctor to make sure that the patient reaches the emergency room.
Conclusively the defendant is liable for a medical malpractice lawsuit because he failed to do something when he should have done something. Thus, his negligence resulted in harm that affected the baby.
References
Haseltine, M. (2016). Your Rights During a Miscarriage. Elizabeth Ministry. Retrieved from https://elizabethministry.wordpress.com/2016/07/18/your-rights-during-a-miscarriage/
National Paralegal College. (2019). Tort Law: The Rules of Medical Malpractice. Lawshelf Educational Media. Retrieved from https://lawshelf.com/videos/entry/tort-law-the-rules-of-medical-malpractice
Nordqvist, C. (2017). Medical malpractice: What does it involve? (Deborah Weatherspoon, Ed.) Medical News Today. Retrieved from https://www.medicalnewstoday.com/articles/248175.php