Sam went to his doctor because he was feeling a pain in his chest. His doctor sent him to a cardiologist who advised Sam
Posted: Mon Jun 06, 2022 6:34 am
Sam went to his doctor because he was feeling a pain in his
chest. His doctor sent him to a cardiologist who advised Sam that,
if he did not have a heart bypass operation, it was likely that he
would be dead in a month. The cardiologist failed to tell Sam
that there is a 1-in-1000 chance that patients are paralyzed after
this operation because of a side effect of the medication.
Sam agreed to have the operation done and authorized the
cardiologist to proceed with it.
On the day of the operation, Sam was asked to sign a consent
form at the hospital. The form was over 10 pages in length and,
since the wording was all of a medical nature, it was difficult to
understand. On page 9 (in very small print) it explained that there
was a possibility of paralysis due to a known side effect of the
medication. Sam felt worried about the operation but was determined
to have the procedure done. He was already very anxious and didn’t
feel like reading the form. However, he asked the head nurse of the
hospital (who just happened to be standing next to him while she
was waiting for the elevator) if she was familiar with the
operation. She said that she was and that he had “nothing to worry
about”. Based on the assurances of the nurse, Sam signed the
consent form and submitted it to the medical assistant who gave it
to him.
In the operating room, the cardiologist was having a bad day. He
was not in the right “frame of mind” to do a procedure as
complicated as this because he was up all night the night before
(playing poker with his buddies) and basically had no sleep. He
thought he felt fine enough to operate after drinking several cups
of coffee and decided to just do the operation to get it over
with.
For the most part, the operation was a success. However, the
cardiologist mistakenly left a sponge in Sam and didn’t realize he
had done this. A few days later, while he was still recovering in
hospital, Sam developed a serious internal infection and his
temperature rose to critical levels. After an emergency X-ray, a
resident surgeon spotted the sponge and decided to operate. The
sponge was removed and Sam was put in intensive care. When Sam
finally woke up, he realized that he was paralyzed.
Explain the elements of each potential case (using the
ABCDs of Negligence) while also discussing possible
outcomes and defences.
chest. His doctor sent him to a cardiologist who advised Sam that,
if he did not have a heart bypass operation, it was likely that he
would be dead in a month. The cardiologist failed to tell Sam
that there is a 1-in-1000 chance that patients are paralyzed after
this operation because of a side effect of the medication.
Sam agreed to have the operation done and authorized the
cardiologist to proceed with it.
On the day of the operation, Sam was asked to sign a consent
form at the hospital. The form was over 10 pages in length and,
since the wording was all of a medical nature, it was difficult to
understand. On page 9 (in very small print) it explained that there
was a possibility of paralysis due to a known side effect of the
medication. Sam felt worried about the operation but was determined
to have the procedure done. He was already very anxious and didn’t
feel like reading the form. However, he asked the head nurse of the
hospital (who just happened to be standing next to him while she
was waiting for the elevator) if she was familiar with the
operation. She said that she was and that he had “nothing to worry
about”. Based on the assurances of the nurse, Sam signed the
consent form and submitted it to the medical assistant who gave it
to him.
In the operating room, the cardiologist was having a bad day. He
was not in the right “frame of mind” to do a procedure as
complicated as this because he was up all night the night before
(playing poker with his buddies) and basically had no sleep. He
thought he felt fine enough to operate after drinking several cups
of coffee and decided to just do the operation to get it over
with.
For the most part, the operation was a success. However, the
cardiologist mistakenly left a sponge in Sam and didn’t realize he
had done this. A few days later, while he was still recovering in
hospital, Sam developed a serious internal infection and his
temperature rose to critical levels. After an emergency X-ray, a
resident surgeon spotted the sponge and decided to operate. The
sponge was removed and Sam was put in intensive care. When Sam
finally woke up, he realized that he was paralyzed.
Explain the elements of each potential case (using the
ABCDs of Negligence) while also discussing possible
outcomes and defences.