The Procedural History of Yu Yu Kai Frank and Chan Chi Keung - Case Study Example

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The paper 'The Procedural History of Yu Yu-Kai Frank and Chan Chi Keung' presents a claim in professional negligence in respect of serious nerve injury to the plaintiff’s left arm. The judge at first instance, while satisfied the injury occurred during the defendant’s care of the plaintiff…
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The Procedural History of Yu Yu Kai Frank and Chan Chi Keung
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Download file to see previous pages Pursuant to the doctrine of res ipsa loquitur, the defendant would be liable if upon the evidence presented, it was found that the injury complained of, was such that it would not have occurred but for the defendant’s negligence and injury itself was within the parameters of the defendant’s duty of care relative to the plaintiff.
The doctrine of res ipsa loquitur is especially relevant in medical cases alleging negligence where the plaintiff is not conscious and the medical professional administers care that is presumably within his/her knowledge and outside of the plaintiff’s knowledge. The res ipsa loquitur operates to establish causation and was, therefore, the legal issue at the center of the case.
The plaintiff had surgery for prostate cancer on the lower part of his body and immediately after discovered that he had sustained a serious nerve injury to his left arm, an injury that he did not have prior to going into surgery. The injury was diagnosed as left radial nerve palsy. Since the injury was not associated with, nor in the vicinity of the surgery, the presumption was that the injury occurred during the anesthetist’s care. Moreover, the trial judge found that the injury was sustained while the plaintiff was under the effects of the anesthesia. It, therefore, followed that the injury occurred in circumstances where the patient/plaintiff was under the care of the anesthetist, albeit while in surgery. The factual issue in dispute was whether or not the injury occurred as a result of compression to the injury area and whether or not that compression could have been prevented. The legal principle of res ipsa loquitur in this case is based on professional medical negligence and the extent to which the anesthetist had a duty of carse either contractually or in tort in using reasonable care and skill for administering anesthesia and for protecting the patient from injury aside from any injury that may be inflicted by or caused by the surgeon’s own conduct or treatment. ...Download file to see next pagesRead More
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