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MMLU / On Thanksgiving Day, a father was carving a turkey for his family when he…

Problem

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question

On Thanksgiving Day, a father was carving a turkey for his family when he seriously cut his hand. The knife severed an artery, causing the father to lose a lot of blood. The mother telephoned their family doctor, who instructed her to drive the father to the local hospital. The doctor indicated that he would meet them there. A short time later at the hospital, the doctor treated the father and bandaged his hand. However, due to the fact that the father had lost a considerable amount of blood, the doctor ordered an immediate blood transfusion. After determining that the father's blood type was A-positive, the doctor orally instructed a nurse, who was employed by the hospital, to obtain the necessary blood for the transfusion. The nurse followed the doctor's instructions and telephoned the hospital's blood bank department and ordered a unit of A-positive blood. The person in the blood bank who received the nurse's call correctly wrote down the order for A-positive blood. However, someone working at the blood bank, whose identity cannot be determined, made an error in filling the order and labeling the unit of blood for the father. As a result, the blood bank sent a unit of B-positive blood mislabeled as A-positive blood. After being administered the wrong blood, the father died. The hospital has a written rule in effect whereby all orders for blood transfusions must be made in writing by the physician in charge of the patient's treatment. Although the doctor was aware of the hospital rule, he, like many other doctors at the hospital, frequently ordered blood transfusions by oral instructions. If the mother asserts a wrongful death action against the doctor, she will most likely

choices

  1. prevail, because the doctor would be responsible for the blood bank's error in administering the wrong blood.
  2. prevail, because the doctor did not follow the hospital's rule regarding blood transfusion orders.
  3. not prevail, because the doctor acted in the same fashion as many other doctors at the hospital.
  4. not prevail, because the unidentified person in the blood bank who was responsible for sending the wrong blood type was not an employee of the doctor.

subject

professional_law

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Source and history

task_id
1dd4e1e9-586c-5a01-9ce7-236c00f6ad1f
task_key
all--test--1dd4e1e9-586c-5a01-9ce7-236c00f6ad1f
task_revision_id
1
config / split
all / test

Official source

initial import