Question

A surgeon performs elective surgery on Patrick John Smith. Smith later complains to his surgeon about pain resulting from the surgery. His surgeon dismisses his complaints as not credible and eventually withdraws from the case. Smith is then treated by another surgeon, who determines that Smith developed complications from surgery and that the delay in treatment has made the complications worse. Smith sees an attorney about a possible lawsuit against the first surgeon.
Describe, in your own words, the liability theories that support a lawsuit under these circumstances and why. What specific medical record content might be used to evaluate both surgeons' opinions and actions? Are there any organizational policies and/or procedures that may be examined as well?

Answer 1

Answer:

The liability theories that support a lawsuit are:

Lack of due care: The first doctor didn't act upon the adecuate care a phisician should. He did not give enough care to the pacients needs.

Lack of informed consent: The information provided by the surgeon wasn't sufficent enough to consider the complication a surgery has. The obligation of the surgeon is to provide all the possible options for treatment and of the complications of it so the pacient can choose.

Abandonment: it is visible that the doctor had a mal practice, because he terminated the pacient doctor relationship when the patient crearly still needed  medical attention.

Repsa ipsa loquitur: this theory is consider when there had been damages or accidents because of negligence. There results of the damages are sufficient enough arguments to sustain this argument.

Explanation:

The records that may be used to evaluate surgeons opinions an actions may be: Medical Record Requirements and Standards , Medical Record Confidentiality and Access to Records , Confidentiality , Review of Test Results.

The hospital policies have to be reviewed in order to see if all the policies were followed. If the hospital has lack of any policies that may protect the pacient, the hospital can be liable for poorly implemented policies.