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MMLU / A driver of a car negligently hit a pedestrian. The pedestrian had an open wound…

Problem

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question

A driver of a car negligently hit a pedestrian. The pedestrian had an open wound and was rushed to the hospital for a blood transfusion. At the hospital she refused the transfusion because of religious beliefs. She died shortly thereafter. The physician verified that the patient would have fully recovered if she had agreed to treatment. What damages can the pedestrian's estate collect from the driver of the car?

choices

  1. All damages for wrongful death because it is foreseeable that this kind of negligence could injure someone who will not accept treatment for religious reasons.
  2. No damages, because the pedestrian's wrongdoing in not accepting treatment was the sole cause for her death.
  3. Damages for the wound and the pain and suffering up to the point that she refused the transfusion.
  4. No damages, because the pedestrian's refusal of treatment constitutes contributory negligence.

subject

professional_law

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