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Brief - Assignment Example

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The claim is due to the anterior cervical fusion done on Hene Perin, the plaintiff, by Robert Hayne, the defendant. The fusion exercise was medically successful; but the plaintiff…
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Brief on the Negligence Case Perin v. Hayne (1973) 131 Cal. App. 3d 38, 182 Cal. Rptr. 225 (1982) I Background This case represents appeal from a directed verdict involving a doctor’s malpractice practice. The claim is due to the anterior cervical fusion done on Hene Perin, the plaintiff, by Robert Hayne, the defendant. The fusion exercise was medically successful; but the plaintiff alleged that she experienced vocal chord paralysis due to injury during surgery on the right recurrent laryngeal nerve. The injury minimized her voice to whisper which is hoarse.
II Procedural History
Perin sought damages based on three issues; battery, specific negligence, res ipsa loquitur and preach of express warranty. The plaintiff argued that the defendant negligently injured the recurrent laryngeal nerve. However, the defendant claimed that the laryngeal was not severed. The rule of identifying negligence in this case is through expert opinion. The doctors argued that the method used by the plaintiff was appropriate. The trial court directed verdict on the defendant on specific negligence issue.
The plaintiff illustrated the applicability of res ipsa loqoitur doctrine. The defendant claimed that the second foundation fact involving res ipsa loqoitur is absent due to the fact that it doesn’t lie in laymen’s common knowledge. This is in reference to injury occurring during cervical fusion surgery, because of inadequate care. The trial court refused to submit it; there wasn’t basis for the application of res ipsa loqoitur.
The defendant claimed that there was adequate evidence on the issue of trespass or battery. She alleges that four vertebrae were fused, together with the defendant’s assurances and inability to warn her on related hazards. However, the defendant claimed that the defendant was given adequate advice on her health problem and the scope of the corrective surgery. The trial court found out that the trespass theory in this case is inadequate to the applicability to the surgery in which the patient did not consent.
The trial court maintained the motion of the defendant for directed verdict. The trial court held that there was insufficient evidence to defend jury consideration of the case based on the four pleaded theories.
III Issues
Will the defendant continue the treatment of the patient, given that other medical services providers have refused to accept plaintiff as their patient? Is the refusal by hospitals like Herrick and Alta Bates to offer medical services to the patient amount to refusal to offer emergency medical services?
IV Holdings
A medical practitioner, who has provided the patient with adequate notice of termination, is not obliged to proceed with the medical care; even if the other medical services providers are unwilling to give the patient care. The obligation of the doctor to give emergency treatment does not take into consideration the treatment of patients with chronic sickness that needs continuous medical care.
V Rationale of Holdings
The court illustrated that the defendant had provided the plaintiff with adequate notice. The doctor also, in good faith, by giving her names of alternative service providers, and also continued to provide medical services to plaintiff during her lengthy duration of seeking alternative care.The trial court illustrated that the patient was not undergoing emergency treatment, when she sought for admission in the dialysis program. The illness of the patient cannot be an emergency, if the patient obeys all the medical instructions.
VI Disposition
The Court of Appeal upheld the ruling of the trial court. Also, the Court of Appeal affirmed that the order of the trial court requiring the defendant to give dialysis treatment to plaintiff was to stay in effect, until the decision of the trial court becomes final. Read More
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