Question

Case Analysis

Instructions

Read Chapter 2, and discuss the following case to the best of your abilities:

THE CASE OF JACOB AND THE DISEASED LEG

Jacob is an outstanding quarterback on his high school football team who has been offered a college scholarship when he graduates. Unfortunately, Jacob was injured during a late summer practice just before his senior year. He suffered a compound fracture of the fibula bone in his lower leg. Since the fracture broke through his skin, he required a surgical repair to align or set the bone and close the skin. Dr. M., an orthopedic surgeon, kept Jacob in the hospital for three days and ordered intravenous antibiotics to be administered. When he was discharged from the hospital, Jacob was told to come in for an office visit once a week for six weeks.

At six weeks Jacob’s parents took him into the surgeon’s office for his cast removal, and except for a slightly inflamed and draining area around his stitches, Jacob’s broken bone seemed to be healing. After his cast was removed, Jacob was told to wait for a few minutes while the surgeon went across the hall to check on another patient. Dr. M. removed his gloves, washed his hands in Jacob’s exam room, and then went across the hall to examine another patient, Sarah K. The doors between the exam rooms were left open and Jacob’s parents could see and hear Dr. M. examine Sarah’s infected leg. They could tell that Dr. M. did not replace his gloves. He told Sarah that he was glad to see that her osteomyelitis (a serious bone infection) was almost better and he told her to come back in another week. Dr. M. then came back into Jacob’s room, still without gloves, and examined Jacob’s leg more carefully. He was concerned about the inflammation around the incision site and told the parents to keep the area clean and dry. He wrote Jacob a prescription for an oral antibiotic and said he could start to put a little weight on his leg. When Jacob came back the following week, his leg was grossly infected with a large abscess. Jacob had to have further surgery to drain the abscess. The pathology report of tissue specimens from Jacob’s leg determined that he had developed osteomyelitis. This infection took several months to heal. The delay in his recovery meant that Jacob was unable to play football that fall and lost his chance at a college scholarship. Jacob’s parents asked Dr. M. to provide them with the results of the tissue test. They then sued Dr. M. for negligence (Fremgen, 2016, p. 30).

What obvious mistake did Dr. M. make?

Did Jacob or his parents contribute in any way to his condition?

What could all of the involved parties have done to prevent this situation from occurring?

Explain what is meant by the statement, “It is easier to prevent negligence than it is to defend it.”

What is meant by “burden of proof”?

What is a subpoena and who can accept it?

Important Notice: Your professor will consider these elements when assessing the quality and level of student participation.

Submit initial post(s) early in the session and subsequent responses to the posts of other learners at timely intervals throughout the duration of the session. The goal is to have a dynamic discussion around the topic that lasts throughout the entire session.

Your original post should be within a range of 75-150 words. If a post does not meet the minimum word count of 75, your professor will not count it toward your grade.

Your subsequent contributions responding to a classmate should have 50 to 100 words.

Book : medical law and ethics by Bonnie F. Fremgen - fifth edition

Answer 1

1) Mistake of Dr M

Dr M has not worn gloves nor washed his hands between visit to different patients, giving a chance to cross infection or hospital acquired infection

2) Contribution of jacob or his parents to this condition

Jacob or his parents did not directly contributed to his condition, but this condition could have been prevented if they would have requested or reminded Dr M of wearing gloves and washing hands before examination.

3) To prevent situation from occurring

Either sarah or his parents or jacab or his parents should have reminded or requested Dr M that he should wear gloves and wash hands before examining the patient

Dr M should follow the strict aseptic techniques to prevent infection, and perform handwashing, use protective equipments and change them between patients to prevent cross infection.

3) Meaning of statement it is easier to prevent negligence than to defend it means.

If Dr M would have done hand washing and worn gloves, he would have escaped through all the legal procedures which he will be going through according to the complain of jacobs parents.

Hand washing and maintaining aseptic technique is easier than facing legal proceedings for the negligence.

4) Meaning of burden of proof

Burden of proof means the evidences which the victim had to prove their claims against another party.

5) Subpoena

It is a writ issued by court to compel testimony by a witness or production of evidence under a penalty for failure.

Subpoena to a particular named person can only be accepted by that person but their are three important exceptions

1) If subpoenaed person is a peace officer

2) If he is a state employee

3) Criminal subpoena may be served by mail if the person served is willing to acknowledge to the person who served subpoena.