Based on a given fact pattern (below),will prepare a paper; with possible defenses for each defendant. with APA citation
fact pattern:
Mr. Sunny, a then 68-year-old presented to the ER at Besty Hospital on 12/18/11, with complaints of right-sided weakness and an unsteady gait. The record reflects that he had no medical or surgical history, and was on no medications. In the ER, he had mental status changes and a head CT scan revealed a left fronto-parietal lobe mass measuring 4.10 x 3.8 cm, either a primary or metastatic neoplasm, and a 6 mm midline shift left to right.
The patient quickly deteriorated while in the ER and was intubated for airway protection. Neurology and neurosurgery consults were obtained. He was admitted to the MICU, and workup was initiated with CT scans to rule out additional areas of metastases.
On 12/22/09, the patient’s pupils became fixed and dilated, and he was urgently taken to the OR for brain herniation and mass removal. He tolerated the procedure well; however, never regained neurological function. A tracheostomy, PEG tube, and PICC-line were inserted for long term care and treatment. He was treated for sepsis and was discharged ventilator dependent, to Busk Nursing Home on 2/19/10.
During the investigation process it was discovered that the findings of the first head CT showed a mass in the left hemisphere with surrounding edema and right midline shift. It was determined by consulting neurosurgeon, Dr. Whey, that the patient required immediate surgery in order to release any pressure and prevent brain herniation. According to Dr. Whey, that did not occur because any surgical procedure had to be authorized by the neurosurgery chief, Dr. Baddy; that although his authorization was sought; Dr. Baddy denied authorization for surgery. Also, according to Dr. Whey, Dr. Baddy does not usually leave his house and often would delay giving authorization for surgery and that there had been multiple instances in the past where the patient needed and would have benefited from surgery and that surgery was not authorized.
According to Dr. Whey, there was nothing else he could have done.
At the end of his shift, Dr. Whey wrote a prescription to himself for vicodin and went to the pharmacy at Besty hospital to fill it. The pharmacist told Dr. Whey that she could not fill the prescription because a similar prescription was filled the day before by Dr. Whey. Dr. Whey was sweating profusely; he became argumentative with the pharmacist, and threatened to break the pharmacy window. The pharmacist called security and 2 security guards showed up and asked Dr. Whey to leave the building. Dr. Whey threatened to punch them. The security guards grabbed Dr. Whey to lead him out of the hospital. Dr. Whey told the security guards to let him go; the security guards did not and Dr. Whey punched security guard, Mr. Swift, twice. Both security guards restrained Dr. Whey by pinning his arms behind his back; and locked him in the security guard office while waiting for the police to arrive.
Discuss all possible lawsuits and defenses to each lawsuits.
I charged the defedants with negligence , intentional infliction of emotional distress . doctor whey for res ipsa loquitur , besty hospital with respondeat superior . dr baddy with negligence failture to respond to emergency calls.
what I need you to do is give me possible defenses for this lawsuits based on this charges .and I need it with APA citation
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