Question

The Court Was Appalled, Tomcik v. Ohio Dep’t of Rehabilitation and Correction.

1. Discuss why the court was appalled

Answer 1

#. Breast assessment :-

-delay in treatment

-not a detailed breast assessment (never measured)

-Dr. wrote down wrist in notes

-loss of right breast in surgery 6 months after first seeing breast lump

Courts Decision:

-plaintiff's treatment fell below the medically acceptable standard of care

-probable that an earlier procedure would have safely and reliably conserved a large part of the plaintiff's right breast

-concluded that the defendant's negligence was the sole and proximate cause of the plaintiff's losses.