Medical Malpractice - Case Study Example

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Davis, Jr. appeals the district court’s determination that his medical malpractice claims against Ziana Liese, M.D., are barred by the statute of limitations because Dr. Liese was not timely served with process. Because Mr. Davis never received or filed an…
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Medical Malpractice
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A certain Doris Penrod filed an appeal to the court from a take nothing judgment in favor of David R. Schecter based from a medical malpractice claim. It was in August 2003 that she took her grandmother to a cataract surgery with Dr. Schecter. During the injection process, a small retrobullar hemorrhage occurred that can potentially cause damage to the optic nerve, if there is continued bleeding. After 15 minutes of observation, the RBH did not change; also, there were no swellings in the eyelids, no proptosis and eye discoloration. However, despite these, the surgery was cancelled to prevent any further complications. An eye patch was placed on the observed eye and the patient was discharged, yet after 25 minutes redness was observed around the patch and a large hemorrhage occurred around the eye. Immediately that afternoon, Jessica (Doris Penrod’s granddaughter) called Dr. Schecter (as advised by the doctor himself) but he refused to get the call and at the same time failed Tyenol 3 to the patient, otherwise Dr. Schecter could easily tell them to bring the patient to the hospital. The following day, a visit was paid by both Jessica and Penrod to Dr. Schecter and it was determined that the damaged eye have no vision, though it was able to perceive light. A week later, no vision was still present and the same situation continued until three weeks. Dr. Scheter advised them to see Dr. Roy Levit (a specialist) and it as found out that there was not muscular or retinal damage but a severe ischemic atrophy was diagnosed. Dr, Levit pointed out that the possible cause of this damage is the toxicity from the injection.
The jury found out that the negligence of Dr. Schecter was not the proximate cause. Penrod on the other hand filed the complaint together with new and independent cause based that the proximate cause instructions was erroneous. Dr, Schecter pointed out that the error presented by the ...Download file to see next pagesRead More
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