Susan Smith and her 15 year old daughter, Sabrina, decided to go apple picking on a beautiful fall day. While driving eastbound on the Long Island Expressway, the sun was glaring and the traffic came to an abrupt stop. Susan, unable to stop in time, rear ended the car immediately in front of her. Her car was subsequently rear-ended by the car behind her. An ambulance was called and Susan and Sabrina were taken to Healthy Way Hospital emergency department via ambulance. The ambulance arrived and gave the following report to the emergency room triage nurse: Susan Smith is a 45 year old female involved in a MVA. Her airbag deployed. And she was not wearing her seatbelt. Additionally, in examining the vehicle, EMS determined that Susan’s head made contact with the windshield, causing it to crack. Sabrina Smith is a 15 y/o pregnant female. She was wearing a seatbelt and was fully conscious. She had a compound fracture of the right tibia. Nurse Nancy contacted, Susan’s next of kin, Upon speaking with Susan’s family, she learned that Susan is divorced and her parents are both deceased. She has two adult sisters, Monica, who is 49 and Mabel, who is 40. Mabel and Susan are devout Jehovah’s Witnesses, and are adamantly opposed to any type of blood transfusion. Monica is agnostic. Both sisters are in the emergency department waiting room. Dr. Junie B. Well, the ED physician, arrived to examine both patients. Susan insisted she was fine and urged Dr. Well to take care of her daughter, Sabrina. Dr. Well determined that Susan had no obvious injuries and although she was somewhat confused, it was most probably due to her emotional upset related to the accident. Dr. Well discharged Susan and she was sent home in a taxi. Sabrina had an obvious fracture, requiring orthopedic surgery. Unfortunately, Dr. Fibula operated on the wrong leg. Dr. Well, determining that Sabrina was emancipated, asked her to sign her own consent for surgery. Since Sabrina was only 15, Dr. Well decided she would not understand the details related to the proposed surgery and therefore, offered no explanation and asked her to sign on the dotted line. While on the taxi ride home, Susan became unconscious. Ted, the taxi driver dropped her off and General Hospital, where she was admitted. Ted told Theresa, the triage nurse that Susan was just discharged from Health Way Hospital (“HWH”). Theresa called HWH for a copy of her medical record, which they immediately sent over by fax, without requesting a HIPAA authorization form. Susan’s vital signs were unstable and the staff determined that a blood transfusion was necessary. Unsure who could consent, the ED staff contacted its in-house counsel, Leslie Law.
Does Susan have any liability for rear-ending the car in front of her? If so, are there any mitigating circumtances?
Was Sabrina Smith entitled to authorize surgery for her fractured tibia? Please explain.
Did Dr. Well obtain informed consent? Explain the elements of informed consent.
When might family members be allowed to consent to treatment on behalf of another individual? Please explain. Under the facts described above, who would have been the proper party to consent to Susan’s treatment?
Even if unsuccessful, what causes of action, and against whom, could Sabrina attempt to bring related to the facts set forth above? Please include the elements associated with each cause of action. Provide the citation for any applicable laws.