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Assume someone is involved in a motor vehicle accident in Philadelphia and serious injuries are sustained. The victim, who is unconscious, is brought to Thomas Jefferson University Hospital and the emergency medical personnel performs emergency care, as they revive the patient, and the patient is medically treated. Upon recovery, the patient receives a bill from the hospital, on the basis that the medical care was an implied contract – that if the patient had been aware of the circumstances, then the patient would have consented to the emergency medical treatment and the resulting costs. May the hospital recover the medical costs to treat the patient?
Why?
In another instance, assume that a car which is proceeding on the Schuylkill Expressway suddenly pulls off the road and strikes a guard rail. The vehicle that is behind the distressed vehicle pulls off the road to assist the driver of the vehicle who is in front of him. It is discovered by the driver of the second vehicle that the first driver has suffered a heart attack and has lost consciousness. Fortunately, the vehicle operator who is driving the vehicle that is behind the car that is operated by the heart attack victim is an MD (cardiologist). The doctor then aids the motorist. He checks the patient’s vitals, performs CPR, and the patient is revived. May the doctor later send the heart attack victim a bill for his services? Why?
Please answer both questions seperately . You may use an internet search engine to research your answer.
