Essay on malpractice and liability

Submitted By Susan-Lynn-Marie

Words: 383

Pages: 2

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Case 1: Mrs. Smith Goes to Court

Student Response
Malpractice and Product Liability

Student Explanation
Both of these may apply. It can be pursued as a malpractice case because how did they come to find out the equipment was not properly sterilized. The doctor may not have known until after. The malpractice suit can be brought against the doctor and the surgical technician. It can also be a case of product reliability is the autoclave machine malfunctioned.

Student Response
Assumption of Risk

Student Explanation
With any surgery there are risks involved, infection being a complication. The defense could state that the patient knew the risks of surgery and consented.

Case 2: The Wounded Hiker

Student Response
Malpractice

Student Explanation
The doctor made contact with the hiker. Determined there was an injury. It was later said that the patient is slow to heal do to excessive movement of the bone due to the doctors intervention.

Student Response
Emergency

Student Explanation
The patient had fallen and hurt his leg. This is an emergency situation and the doctor aided him to the best of his abilities given being outdoors. Could the patient have suffered more injuries by not being helped, quite possible.

Case 3: A Big Heart

Student Response
Malpractice and Product Liability

Student Explanation
Did the doctor know before hand if this was a possible complication of the medication? If he did then he failed to inform the patient. Did the pharmacutical company know? If they did not they can be sued for ot properly testing the drug.

Student

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