Question

For each of the following fact summaries, identify whether all the elements of negligence are present and, if so, who or what entity will be sued successfully. Use headings for each fact summary to organize your responses.

Surgical Error The patient signs operative permit for surgery on right knee and surgeon does surgery on left knee, discovers there is nothing wrong with left knee, then performs surgery on the right knee.

Clumsy Prep A circulating nurse is preparing the OR before the patient and others arrive, she drops a hemostat and it lands on the floor, she looks around and no one saw it drop, so she picks it up and puts it back on the tray, patient develops an infection.

Scenario 1 A male patient who is obese, fifty, has a positive family history for cardiovascular disease, a 20 pack/year history of smoking, presents to the ER with shortness of breath, radiating sub-sternal chest pain, and diaphoresis(sweating), is examined by the ER doctor who orders EKG, enzyme study, places patient on oxygen, does a stethoscope examination, and, after a proper and thorough exam, concludes the patient is not having a heart attack and sends patient home where he promptly suffers cardiac arrest and dies.

Scenario 2 The same patient, same history, same symptoms from #3, has a different ER doctor who decides without examination that the patient has indigestion and sends patient home where he promptly suffers cardiac arrest and dies.

Scenario 3 The same patient, same history, same symptoms from #3, becomes tired of waiting for doctor and leaves ER without being seen, goes home where he promptly suffers cardiac arrest and dies.

RSV A mother has grown tired sitting up with her baby daughter in the hospital where the daughter has RSV (Respiratory Syncytial Virus) so she stops by the nursing station and asks the nurse to check on her baby while she gets some breakfast, the nurse says she will, the baby develops a choking obstruction from drainage and stops breathing, when the mother returns she finds her baby lifeless, the baby is resuscitated, and the baby suffers severe brain damage.

Answer 1

Senario 1: Missed examination: the patient has a strong history of cardiovascular disease, he is at high risk for heart attack. The doctor has examined only with a stereoscope. The patient should have been admitted and loading dose should be given and echo should be performed. After observation for a day the patient should be discharged.

Senario 2: Negligence: The patient was not examined and was treated for a different diagnosis.

Senario 3: Poor management: The patient is presenting with chest pain, severe sweating and shortness of breath means that the patient needs immediate examination and treatment.