[Expert Solution]: This case is an action by Jeanne Wood…

This case is an action by Jeanne Wood (client and plaintiff) for personal injuries against Harvey Miller, a naturopathic physician, and Louise Bates, a nurse employee (defendants) of Dr. Miller. Dr. Miller was licensed in the state as a naturopath, and Mrs. Bates was a nurse who had worked for Dr. Miller for 11⁄2 years. We do not know Mrs. Bates’ education or previous experience or specifics about her licensure. Mrs. Wood was a 71-year-old widow suffering from a painful swelling in the muscles of the right side of her neck. She went to Dr. Miller’s clinic, where he examined her, prescribed an electrical treatment (diathermy), and advised her that the treatment would be administered by his employee, Mrs. Bates. The client testified that Dr. Miller examined her and left the clinic and did not return to see her before she left the clinic. The client said Mrs. Bates then began administering the electrical diathermy treatment. When one electrode was applied, the client said she felt “an uncomfortable burning sensation” and advised Mrs. Bates that she was being burned. The client further testified that the nurse said the treatment needed to produce considerable heat to accomplish any good and took no action to relieve the pain or burning sensation. Mrs. Bates then left the room. The client’s suffering became worse, and she called Mrs. Bates back in the room. The client contends that Mrs. Bates pretended to turn down the unit and left again. The client’s pain became so intense that she called the nurse and insisted that she discontinue the treatment. Finally, the nurse did. The client noticed that her skin in the electrode region was bright red and that she was suffering intense pain in that region. The client testified that the diathermy treatment caused a superficial burning and blistering of the skin over the electrode region and a deep third-degree burn about 3 inches in diameter. She related that she was confined to bed for 2 weeks, could not do housework for 2 months, and was under the care of another physician for the burns. Dr. Miller testified that Mrs. Bates had received instructions on the diathermy treatments, and had given the treatments many times previously under his orders. Mrs. Bates corroborated this testimony. Also, Mrs. Bates testified that she did turn the diathermy down when requested by the client and was in the room with the client at all times. The client said that the doctor did not return to see her during or after the treatment, but both the nurse and doctor disagreed. Neither the doctor nor the nurse noted any skin changes after the client’s treatment, and about 4 days later, the plaintiff returned and advised the defendants that she had been burned. Discussion Questions: 1. Would the naturopath be licensed in your state? 2. According to your state’s law, would this nurse or assistant be allowed to administer diathermy treatments? 3. How could a judge or jury discover if the client or the nurse and doctor were telling the truth in this case? 4. Was there negligence on the part of the doctor or the nurse? 5. Would the legal doctrine of respondent superior (meaning “let the master answer”) apply in this case?