Final Examination, Spring 2010
|1.||Carefully analyze the facts and grasp the issues in each question before beginning to write. Spend time reading the question slowly and carefully.|
|2.||State the issues and answers to each question concisely. Lengthy answers are not necessary.|
|3.||Do not repeat questions in your answers. Write neatly and legibly on only one side of each page.|
|4.||Number your answers to correspond with the question, e.g., "II-A."|
|5.||If you feel it necessary to assume additional facts in any of the questions, give the facts that must be added and state why.|
|6.||Do not write in the margin of the book.|
|7.||All major questions are equally weighted unless otherwise indicated. Subparts are approximately equal but may be weighted slightly differently according to the number of issues involved in that subpart.|
|8.||Write your personal identification number and the name and section number of the course on which you are being examined on the cover of each examination book.|
|9.||If you use more than one book, indicate "Book One," "Book Two" and so forth on the cover of each book and write your PIN and the name and section number of the course on the cover of each examination book.|
|10.||A GOOD ANSWER IS NOT NECESSARILY A LONG ANSWER.|
According to Wikipedia:
|Cardiopulmonary bypass (CPB) is a technique that temporarily takes over the function of the heart and lungs during surgery, maintaining the circulation of blood and the oxygen content of the body. The CPB pump itself is often referred to as a Heart-Lung Machine or the Pump. . . . Cardiopulmonary bypass is commonly used in heart surgery because of the difficulty of operating on the beating heart. Operations requiring the opening of the chambers of the heart require the use of CPB to support the circulation during that period.|
PARTIES TO HYPOTHETICAL:
Pelican Cardiosurgical Technology, Inc., is a corporation incorporated under the laws of Louisiana and maintaining its only place of business in Baton Rouge. Pelican manufactures cardiopulmonary bypass pumps (heart-lung machines).
St. Bratton's Hospital is a hospital in England located in Sidcup, Kent.
Dr. Hezekiah Klutz is a cardiologist and heart surgeon practicing in Sidcup, Kent.
Richard Corazon was a patient of Dr. Klutz. He was domiciled in Sevenoaks, Kent.
Lakisha Corazon is his surviving wife. Following her husband's death, she returned to her native Baton Rouge, where she now once again is domiciled..
Pelican Cardiosurgical Technology has sales agents in England. Pelican sold the CPB pump to St. Bratton's Hospital and shipped it to them in England.
St. Bratton's Hospital sent Dr. Klutz along with four other heart surgeons to Baton Rouge two years ago for a week's training on the use of the CPB pump.
Richard Corazon, a patient of Dr. Klutz, was admitted to St. Bratton's Hospital for triple bypass surgery. Dr. Klutz hooked the machine up to Mr. Corazon backwards, forcing his blood to flow through his veins and arteries in the wrong direction. As a result, Mr. Corazon died on the operating table.
No contention is made that Pelican's machine was defective or that their instruction was negligent. The training materials provided to Dr. Klutz were clear on how the machine should have been connected to the patient. Pelican has not even been sued.
Mrs. Corazon has filed suit against Dr. Klutz and St. Bratton's Hospital in Nineteenth Judicial District Court for the Parish of East Baton Rouge. The defendants were served in England pursuant to the Hague Service Convention. Dr. Klutz and the hospital make two arguments: (1) that the court lacks jurisdiction; and (2) that the Louisiana Medical Malpractice Act applies and limits damages to $500,000.
Discuss both defenses raised by Dr. Klutz and the hospital. Discuss no other issues.
PLEASE ANSWER THE FOLLOWING:
|II-A.||Please explain home state jurisdiction under the UCCJEA and PKPA.|
|II-B.||Please define the term borrowing statute.|
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