QUESTIONS 4 - 9 ARE BASED ON THE SAME FACTS. Pleаse reаd questiоns 4 – 9 befоre beginning tо write so аs to not duplicate answers. Mr. Sims went to the Emergency Room (ER) of City Hospital, a small rural hospital in the state of Oklahoma, complaining of a headache and light sensitivity (light hurt his eyes). Dr. Banks was the ER doctor assigned to examine Mr. Sims. Dr. Banks was employed by Doctors, Inc. Doctors, Inc. had contracted with City Hospital to provide ER doctors to staff the ER. The contract provided that the ER doctors were independent contractors of City Hospital and had to qualify for staff privileges at City Hospital. City Hospital would provide all necessary equipment and support staff. Dr. Banks’s name tag read “City Hospital;” however, there was a sign posted in the emergency room that read, “All Emergency Room Physicians are Independent Contractors.” Doctors, Inc. would compensate the ER doctors and also pay for malpractice insurance for the ER doctors. Doctors, Inc. would bill patients directly. Dr. Banks performed the standard screening tests according to City Hospital’s protocols. He took Mr. Sims’s pulse, blood pressure, and monitored his heart. Mr. Sims was given pain medication – Tylenol with codeine. Mr. Sims seemed to be better so Dr. Banks diagnosed a migraine headache, prescribed pain medication, and discharged Mr. Sims at 8:40 p.m. A migraine headache presents with light sensitivity. Major metropolitan hospitals would perform a brain MRI given the symptoms that Mr. Sims was exhibiting to rule out a brain aneurysm. An aneurysm is an abnormal dilation of an artery due to a weakness in the wall of the vessel. The symptoms include a severe headache and light sensitivity. At midnight, Mr. Sims returned to the ER via ambulance. He was experiencing an excruciating headache and was covering his eyes with a pillow while he groaned in pain. City Hospital didn’t have the capability to perform the necessary surgery and so Mr. Sims was transferred to Metro Hospital. Emergency surgery was performed at Metro Hospital at 12:30 a.m. to remove an aneurysm. Time is of the essence with a brain aneurysm. If surgery had been performed when Mr. Sims first presented to the ER, he would have had a 50% chance of a full recovery. At midnight, his odds had been reduced to 20%. Although the surgery was skillfully performed, the aneurysm had ruptured, and Mr. Sims suffered significant brain damage as a result. Assume that a cause of action for medical negligence is brought against Dr. Banks. Did Dr. Banks violate the standard of care? Do not discuss any cause of action based on violation of the doctrine of informed consent. (Allocated Time: 10 Minutes. Available Points: 15)