claiming medical malpractice Discuss the possible defenses that could be reasonably asserted by the doctor to each claim, and why that defense might apply get help at
claiming medical malpractice Discuss the possible defenses that could be reasonably asserted by the doctor to each claim, and why that defense might apply
Following an automobile accident, a 46-year-old man was brought to the hospital emergency department by an ambulance. The patient seemed to be alert, was able to answer questions, and claimed to be suffering from a great deal of pain. The physician administered 15 milligrams of morphine intravenously. claiming medical malpractice The patient needed blood but refused a transfusion. After being observed in the emergency department for several hours, the patient was placed on a medical-surgical unit for observation. The following morning, he was unresponsive, and he was eventually pronounced dead. It was later discovered that he had a long history of drug and alcohol abuse. The night of the accident, he had injected heroin and drank several shots of tequila and multiple cans of beer. He had not disclosed any of this to the doctors or nurses treating him. Several years later, his estate sued the physician, claiming medical malpractice. Analyze the possible outcomes of the lawsuit under one of the following scenarios: If death was the result of overdose If death was the result of failure to administer blood If death was the result of subdural hematoma In your short paper, analyze the potential success of a claim for negligence under one of the three possible scenarios. Include a detailed discussion of each element of the negligence claim and why that element is met or not met. claiming medical malpractice Discuss the possible defenses that could be reasonably asserted by the doctor to each claim, and why that defense might apply. Lastly, include a paragraph describing which, if any, claim you believe might be the most successful against the doctor and why.
A board-certified facial plastic and reconstructive surgeon retired and established an inner-city clinic to provide free care for poor people with facial disfigurements. A young African American woman with diabetes mellitus arrived at his clinic and stated that she wanted a large birthmark removed from her face. The plastic surgeon advised the woman that, with her diabetes, she was not a good candidate for this procedure. He referred her to a psychologist to assist her with her distress over her birthmark. claiming medical malpractice A week later, she came back to the clinic and brought her 10-year-old son with her. He had the same birthmark; she didn’t want him to grow up being taunted the way she had been as a child. The boy did not have diabetes and was a good candidate. However, all surgery has the possibility of scarring, which the physician told the mother. She gave informed consent and the surgeon provided the care for the little boy free of charge. After the surgery, the child had a small scar less than two millimeters in size. claiming medical malpractice The mother sued the plastic surgeon. Discussion Questions 1. What are the facts of this case? 2. Was the plastic surgeon wrong to operate on this patient? 3. What ethical dilemmas does this case illustrate? 4. What principles of ethics are involved in this case? 5. How would you feel if you were the physician? 6. Do you think the mother really understood the risks? Give three possible motives for the woman’s behavior in this case. 7. What should the physician do? claiming medical malpractice