Avila V. Nita City Hospital: Case File

A bout of meningitis leaves 2-year-old Timmy profoundly deaf. His mother sues the hospital, alleging that neglectful care and a slow diagnosis directly caused Timmy’s deafness. The hospital counters that the proper standard of care was met and Timmy’s deafness was unfortunate but unavoidable. Who is right? That’s the challenge for this well-balanced, lively case. The case presents a wealth of expert testimony, both medical and economic. A total of eight expert reports, four for each side, are provided. Experts can all be used, or if the class has a shorter time frame can be limited. Electronic materials, in the form of texts and social media, provide exercises in foundation building for these modern exhibits. The affidavits in Avila v. The Nita City Hospital are engaging, with well-rounded personalities that volunteers will enjoy roleplaying. As in real life, the case is filled with challenging evidence problems–is the prior assault allegation against the doctor relevant? Is the mother’s misdemeanor neglect? Are all the media exhibits relevant? Participants will have to decide what to pursue, and how to build a foundation for each exhibit. With its realistic exhibits and professional appearance, Avila creates an immersive experience that all participants, students and instructors, will enjoy.