BU Evaluating Spirelli v Johnson Discussions

Based on a one-page reading prompt, explain the tort’s validity and the damages that could be received. It must be through in explanation. Only a one page paper double spaced.

Writing assignment
The Commonwealth of Massachusetts has passed a new law which requires all Medical Health
Professionals, (hereinafter MHP) which includes but is not limited to medical doctors, psychiatrists,
social workers and sociologists to notify the State Attorney General’s office of anyone under their
primary care who has exhibited definitive suicidal or homicidal tendencies, actions or affirmative plans.
The treating Medical Health Professional shall within a reasonable period of time notify the Attorney
General’s office of the patient’s name and the MHP’s specific diagnostic concern. Failure to comply with
this law may result in up to five years in State prison and up to two thousand dollars in fine
In response to this new law, Doctor Benzene had prepared a legal document which he has his secretary
have all of his patients sign prior to their first session. Their signatures are all witnessed and notarized.
The form states that Dr. Benzene, his office, staff, agents and assigns are released from any and all
liability associated with anything which is stated during a “therapy session” with the Doctor. The patient
further states that any and all statements, comments, analogies or anecdotes made by the patient are
to be considered for all purposes to be part of a hypothetical discussion on a given topic. No statement
comment, analogy or anecdote shall be considered the actual feelings or statements attributable to the
patient unless and until the Doctor specifically inquires as to the patient’s actual true current feelings
and the patient responds that the statement, comment, analogy or anecdote is the patient’s actual
current feeling. The patient agrees and understands that the Doctor being under no obligation to make
such inquiry.
During a recent therapy session with Dr. Benzene, Mr. Johnson stated how he thought that committing
suicide was a viable means of ending a person’s financial problems and that he has calculated that if one
were to drive their car fast enough on the highway, and then suddenly swerve into the oncoming traffic
the resultant accident would surely kill the driver despite to presence of an air bag in the car. He said his
research indicated that at speeds in excess of 90 mph the air bag is ineffective.
At no time did Dr. Benzene ask if these were Mr. Johnson’s true feelings. Later that day, on his way
home Mr. Johnson’s car swerved into the oncoming traffic. Witnesses stated that Mr. Johnson’s car was
traveling excessively fast and then suddenly swerved across the double yellow line. Mr. Johnson’s car
crashed head long into another vehicle going the other way. The driver of the other car (Mrs. Spirelli)
was immediately killed, and her seven year old child was severely injured. Mr. Johnson was not killed
but is in a coma and may not survive. Mr. Johnson is the sole supporter of Mr. Johnson’s wife and two
small children. Mr. Johnson has a one million dollar life insurance policy, but there is an exclusion in the
policy for suicide.
Who can sue who and for what? You must analyze all legal issues and potential law suits. Included in
your analysis must be specific causes of action, defenses, ethical issues present and the applicable
ethical theory relevant to the situation being discussed. This paper must be no more than four double
spaced pages in length. Reasonable facts may be assumed but are subject to my review and acceptance.
Questions to be answered:
II.
Spirelli V. Johnson Tort of Wrongful death, intentional infliction
of emotional distress
a. Validity of the tort
b. Damages Spirelli should /could receive