StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Analysis of Medical Malpractice - Case Study Example

Comments (0) Cite this document
Summary
This study discusses the case in medical malpractice when Dr. Foster performed tear drainage surgery on Mr. Smith. Prior to the operation, Dr. Foster had told Mr. Smith that the operation carried a small risk of blindness, but that any other side effects were rare and/or minor…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.9% of users find it useful
Analysis of Medical Malpractice
Read TextPreview

Extract of sample "Analysis of Medical Malpractice"

Download file to see previous pages Mr. Smith signed a consent form but only agreed to the operation because Mrs. Smith had privately threatened to divorce him if he did not. ?As a result of the operation (which was competently performed), Mr. Smith’s tear drainage improved, but he suffered a side effect of poor night vision. The risk of night vision problems was 2 percent, but many doctors consider it a minor problem as it has a limited adverse effect (due to the fact that people are usually asleep at ? night) and the operation is highly effective at improving tear drainage. Mr. Smith is a taxi driver and insists that he would not have had the operation had he known the risk. He is no longer able to work at night and has suffered a loss of income. ?In July, Mr. Smith visited Dr. Zeus, his GP, complaining that his left eye was still sore. Dr. Zeus suspected cancer of the eyelid. The computers were down so Dr. Zeus wrote a note to his receptionist asking him to request a referral to a specialist for Mr. Smith, but the note got lost. As a result, the referral was delayed by 4 weeks. ?In August, Mr. Smith was seen by Dr. Foster who diagnosed an aggressive malignant eyelid cancer (which was unrelated to Mr. Smith’s previous tear drainage problem). Expert evidence is that symptoms of the eyelid cancer would have been visible to a reasonably competent ophthalmologist when the tear drainage surgery was performed. ...
??Here, within different realms of medical malpractice, each aspect of the case will be discussed. Mr. Smith—who seeks financial compensation and complains about his treatment—will be advised to point out all of the following elements to the General Medical Council. II. Negligence Basically, there are four components or criteria of negligence which must be met in order to establish that a patient has a case for medical malpractice (or any kind of tort) (Donoghue v. Stevenson, 2011, pp. 1). Donoghue v. Stevenson was a classic case in the sense that the plaintiff had found snails in her bottled beverage, and claimed that the company owed her damages due to negligence. In a similar manner, Mr. Smith has every right to be upset with not only Dr. Foster, but Mrs. Smith, Dr. Zeus, and Dr. Zeus’s obviously incompetent staff. First of all, Dr. Foster should have mentioned that there was a 2 percent chance that his night vision might be affected. Failure to alert him to this fact is definitely negligent on his part. In addition, Mrs. Smith, his wife, is not only involving herself in the criminal behavior of blackmailing her husband to have the surgery or else divorce him—but she is also criminally liable as a tortfeasor (a person who commits a tort) because she was a consultant ophthalmologist overseeing the surgery superior to Dr. Foster, and she did not report the fact that she saw cancer on her husband’s eyelid. ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Essay on Medical Malpractice Example | Topics and Well Written Essays - 3000 words”, n.d.)
Retrieved from https://studentshare.org/law/1440929-medical-malpractice-negligence-competent-capacity
(Essay on Medical Malpractice Example | Topics and Well Written Essays - 3000 Words)
https://studentshare.org/law/1440929-medical-malpractice-negligence-competent-capacity.
“Essay on Medical Malpractice Example | Topics and Well Written Essays - 3000 Words”, n.d. https://studentshare.org/law/1440929-medical-malpractice-negligence-competent-capacity.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Analysis of Medical Malpractice

Property Investment Analysis

The Red Book valuation figures offer useful guidance on valuation, however they contain overlapping material from diverse sources. The Mallinson Report has identified the need for the RICS to publish a single, comprehensive and user friendly source of standards for valuers and establish a single point of coordination in the institution’s delivery of valuation services. The Report also states that the information provided needs to be more specific so that it place more specific further education demands on valuers. Additionally, there must be additional power provided to the Institution to investigate problem cases and take disciplinary action when it becomes necessary, despite the possibility of courts exerting a restricting...
13 Pages(3250 words)Assignment

Analysis of Offences Against the Person Act

She suffered sleeplessness and panic attacks after this and was diagnosed with reactive depression. She told her brother, Ian, who saw Boris in the local pub and threw his beer glass into Boris’s face. The glass broke and Boris lost the sight in one eye as a result. Explain what non-fatal offences may have been committed here. It is also necessary to consider the Sexual Offences Act 2003 as the act of the hypnotist could be regarded as a sexual1.

The most minor assault is common assault as described by s39 Criminal Justice Act 1988. Under s39 an assault is committed if a person assaults another or commits a battery. An assault has been defined as when a person intentionally or recklessly causes another to app...
6 Pages(1500 words)Case Study

Internal and External Environmental Analysis for the Bakery Business

Liberalization of foreign investment and technology policy of the government is supportive of establishing industrial units in the country.

Threat: The UK food regulatory authority is planning to enforce the EC Regulations relating to food labeling. The labeling requirements under the new regulations will affect the food industry as the suppliers will be legally obliged to disclose the GM content of foods to the caterers. Thus business firms in the bakery industry also will be effected through the exclusion of flexible manner of labeling arrangements in the case of flour confectionery involving GM Soya or maize. (Genetically modified and novel foods (labeling) (England) regulations, 2000).

Trend: The new subs...
6 Pages(1500 words)Case Study

The Necessity of Job Analysis

... Lecturer: presented: Job Design Job design is an arrangement of procedures and organization of work which indicates the techniques and the interactions which are put in place in order to suit the technical and managerial requirements while on the other hand to satisfy the individual needs of the employees. It highlights the occupation structure, the duties of the workers as well as guidelines regarding the information which the worker is supposed to access. The importance of job analysis in human resources is to help the management to ascertain and endorse the usefulness of certain activities which take place in employment such as employment procedures such as training, choice of the appropriate employees, reparation as well...
7 Pages(1750 words)Coursework

Analysis of OReilly v Mackman Case

Judicial review is a concept which is constitutionally undecided as it on one side, it shores up the rule of law, democracy, and pre-eminence of parliament by facilitating the courts to check the boundaries of government authority and on another side, the courts are open to the decision on the plants based on the fact of separation of authorities that are intimating with the verdicts of democratically elected institutions. Judicial review is not apprehended with the virtues of government assessment but deals with whether the deciding authority has remained within the legal boundaries and whether broad principles of rationality and fairness adhere. The constitutional basis of judicial review is debated as one view holds that it is...
8 Pages(2000 words)Case Study

Comparative Family Analysis

The second component of this essay will be a comparative analysis with the American family to the Arab family, generally speaking, but also clearly described by Homa Hoodfar, in her book Between Marriage and the Market. This essay will discuss the impact of globalization on different types of families in different societies and cultures. The terms ‘traditional’, ‘modern’ and ‘postmodern’ will be defined, elaborated upon and discussed on a continuum of change. Social change, in the face of globalization, will be discussed in relation to how cultures and families have grown or resisted the forces of globalization. We now turn to an exploration of the types of families in the world and follow...
6 Pages(1500 words)Coursework

Analysis of Tourism and Hospitality Law Case

 The main issue that needs to be tackled first is whether there is a valid contract between Richard Brat, carrying on trade as Brighton Greens, (buyer) and Molly and Kelly trading in First Grade Granny Smith apples as Holy Farm.

Apparently, there was, when considering their verbal and written mail sent by Richard to Holy Farm on August 1 reading as follows –“Please deliver 20 boxes –Granny Smith ‘Brighton Greens’. Cheque mailed.“

It may be seen that the mail order does not specify the category or grade of apples to be supplied, but one of the implied conditions of sale could be that the goods ordered need to correspond with the goods inspected and tested.

In th...
8 Pages(2000 words)Case Study

Economic Analysis of India

The country’s economy is fast growing with a stable political system that encourages foreign investment although with certain restrictions. The country generally has good energy, transport and communication systems which make the cost of doing business affordably.

The Republic of India found South of Asia is by far the world’s most populous democracy and ranks seventh largest in terms of geographical area (Brown, 1994). India is also the second most highly populated country in the world. The country has a rich culture with four major religions having originally emerged from it; Sikhism, Buddhism, Hinduism, and Jainism. The Indian Republic consists of seven union territories and 28 states and ranks twelfth la...
8 Pages(2000 words)Case Study

Analysis of Educational Website

... Analysis of Educational Website Introduction Since antiquity, education remained a major component of human societies; however, until few decades ago, it existed in the society in its traditional and conventional form that involved one-to-one interaction of teachers with their students in classrooms. Since few years, educators and scholars have witnessed rapid advancements in the field of information and technology that has altered almost every sector of the society in a rapid manner, and so the education sector as well. In such advancements, internet has now become one of the most popular platforms for students, teachers, businesspersons, and individuals from every sector to acquire education and information within few clicks and minutes...
7 Pages(1750 words)Article

Analysis of Articles about Climate Change

...Climate change Can we imagine an Earth where there are no green mountains, no deep blue seas and no living creatures? No. But a disaster of such magnitude and dimension is looming over Earth. Humans have identified this threat, defined it and given it a name, global warming. This dangerous proposition is based on the truth that even a 5 % increase in the surface temperature on Earth can wipe out life from this beautiful planet. And the temperature is increasing as never before. It was in 1990s that the world began to hear serious warnings on global warming and climate change. The summary for policy makers prepared as part of the first assessment report by Inter-governmental Panel on Climate Change was the first ever in depth... change Can we ...
6 Pages(1500 words)Literature review
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Case Study on topic Analysis of Medical Malpractice for FREE!

Contact Us