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Recent legal Case Involving a Contractual Issue - Essay Example

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Harvey had witnessed the case of the blockage in his carotid artery that Dr. Strickland offered to solve through carotid endarterectomy. In November 1996 in anticipation of the surgery that had to be performed to Harvey, he signed various forms “Refusal of Treatment” and the “Consent to Operation.” …
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Recent legal Case Involving a Contractual Issue
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Strickland, 2002). He had also ensured that the attending physicians at the Lexington Medical Center and the attendants would be exempted from the claims to the situation after the repercussions of the decision. The documents also listed Julia, Harvey’s mother as the emergency contact and restricted doctor Strickland from transfusing blood to the patient. On January 1997, the surgery was performed, and Harvey developed complications that prompted the hospital to gain permission from Julia. She had initially declined the offer presenting her son’s wish and faith in Jehovah’s Witness to help solve his medical situation.

However, she overturned the decision to agree for two units of the needed red blood cells to stabilize her son’s condition. The decision helped to save Harvey’s life, and the events followed a suit in 1998. Harvey filed a case against the doctor for medical battery, the breach of their initial contract and the lack of informed consent. Doctor Strickland explained that the plaintiff had suggested he would consider the provision of a transfusion although he had been a Jehovah’s Witness believer (Harvey v.

Strickland, 2002). . Although Harvey had gained consciousness and his life saved, the means used to restore his physical health had been against the signed agreement. This had made Harvey to find a case in medical battery and the provision of medical malpractice. Harvey had been a Jehovah’s Witness believer and had opted for recovery through his religious beliefs. Doctor Strickland offered to initiate the procedure while the plaintiff had been unconscious to save his life. The court had offered rejection to the justification of the doctor on his actions on the patient because Harvey’s intentions had been known during the procedure.

Ethical Issues The case is challenging because it involves outright decisions and decisions from both the patient and the doctor. As medical practitioners, the doctors are required to offer measures to maintain a healthy condition in the hospitals (Walsh, 2012). Doctor Strickland had acted on the necessary procedure to uplift the rank of Lexington Medical Center within the community. He made the right decision for his patient to offer measures that would save the patient’s life and his reputation.

Had he failed to offer the procedure to accord Harvey the blood transplant, he would fail to presented his qualification as a professional practitioner. However, the law had offered that the doctor had been obligated to respecting the wishes of the patient (Pozgar, 2012). The ethical breach offered in the procedure had been in the failure of the doctor to uphold Harvey’s contract wishes. Harvey, on the other hand, had failed to appreciate the doctor’s effort to save his life when he decided to sue Doctor Strickland for breach of contract.

In the medical profession, the health care facility is expected to offer measures that help contain the

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