Medical Malpractice

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to
the patient. 3) Causal Connection. Your failure to correctly diagnose,
("duty" you "breached") the duty due and owing to the patient and as a direct
and proximate cause of your breach, caused damages. 4) Damages. The result of
your failure to diagnose correctly, the patient sustained damages in the form of
an additional hospital stay, complications that may or may not be of a permanent
and continuing nature. (Brooten Jr., Kenneth E. p. 1) Negligence is the most
common civil suit filed against doctors. Liability for negligence will not be
found unless the following factors are present: (a) the defendant must owe a
duty to the plaintiff to exercise care; (b) the defendant must breach the
standard of care established by law for his/her conduct; (c) the plaintiff
must suffer loss or injury as a result of this breach; (d) the conduct of the
defendant must be the "proximate cause" of the plaintiff's loss or injury. (
Picard, Ellen I. p. 29) In the case of Adderly ...

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the defendant doctor performed surgery on the plaintiff to
remove a miscarried fetus. The defendant also performed a meatotomy without the
consent of the plaintiff. The defendant doctor was liable for battery for
performing the unconsented - to meatotomy. There are several other cases just
like this one where a patient consents for one operation and given another or
both. How a doctor can take the decision of a competent human being into his
own hands is beyond me. The plaintiff was in no immediate danger, the defendant
could have suggested the second operation after the completion of the first. In
cases like these the doctor is incredibly egotistical and is playing ...

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