Question

The physician’s (the defendant) medical assistant (MA) removed a cast from the patient’s (plantiff’s) arm with an electrically powered Stryker saw. During the sawing of the cast, the MA cut the patient’s arm, causing a residual scar almost the length of the cast and the width of the saw blade. Do you think the patient should sue? If yes, and you were on the jury would you find the physician guilty of negligence? If you were on the jury would you find the MA guility of negligence? Justify your responses.

Answer 1

Answer:

In this cade the medical malpractice had occurred.

Medical malpractice occurs when a patient is harmed by a doctor (or other medical professional) who fails to competently perform his or her medical duties. The rules about medical malpractice -- from when you must bring your lawsuit to whether you must notify the doctor ahead of time -- vary from state to state. But there are some general principals and broad categories of rules that apply to most medical malpractice cases. Here's an overview of the law and some of these special rules.

* We can definitely sue the doctor for his negligence.

The basic requirements for claim are as follows:

The doctor's negligence caused the injury.Because many malpractice cases involve patients that were already sick or injured, there is often a question of whether what the doctor did, negligent or not, actually caused the harm. For example, if a patient dies after treatment for lung cancer, and the doctor did do something negligent, it could be hard to prove that the doctor's negligence caused the death rather than the cancer. The patient must show that it is "more likely than not" that the doctor's incompetence directly caused the injury. Usually, the patient must have a medical expert testify that the doctor's negligence caused the injury.

The injury led to specific damages. Even if it is clear that the doctor performed below the expected standards in his or her field, the patient can't sue for malpractice if the patient didn't suffer any harm. Here are examples of the types of harm patients can sue for:

• physical pain
• mental anguish
• additional medical bills, and
• lost work and lost earning capacity

Yes of course the physician would be guilty of his negligence. But as per the civil law and negligence we have to take the be necessary action for the act done.