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Medical Malpractice And Informed Consent Essay

1064 words - 5 pages

Medical Malpractice and Informed Consent

In order to prove that Dr. Green was negligent in her treatment of Mr. Parker the plaintiff needed to prove that Dr. Green did not perform her duty, breached her duty, caused the injures, and that she suffered damaged. In this case, Dr. Green did not exercise reasonable care under the circumstances by not following the manufactures stated dosing instructions and prescribing the incorrect dose in both oral and written instructions. Dr. Green violated her breach of duty by failing to meet the applicable standard of care. It would be hard to argue that others physicians would have prescribed the incorrect dose in their standard treatment of care. ...view middle of the document...

Since Mr. Parker was 35, the odds of him dropping dead of a heart attack are rare, and using the information presented I believe that the plaintiff has a high degree of obtaining a successful outcome against the individual healthcare provider, but ultimately it depends on the missing information.
In order to prove that Dr. Green did not get Mr. Parker’s informed consent the plaintiff needs to prove that Dr. Green did not advise the patient of the risks and benefits of the particular treatment, as well as possible alternatives, before the treatment takes place. In order to be successful the plaintiff will primarily need to prove that Dr. Green breached the duty to reasonable disclose the risks to the patient and because of this caused the patient to suffer damages. In this case, the plaintiff will need to successfully argue that the possibility of Dr. Green incorrectly prescribing the dosage is a risk that she should be required to disclose. Depending on the state where this case occurred, Dr. Green would need to argue that this risk is not a standard of treatment with other physicians or that a reasonable patient would want to know this before deciding on the procedure. Regardless of what state this case was in, I would find it hard to believe that any court would call this a material risk, and the plaintiff would most likely be not successful arguing this.
In order to prove that the Plan should be held liable for both Dr. Green’s negligence and its own negligence in this case the plaintiff need to prove that Dr. Green is an employee or agent of the organization that was acting in the scope of her employment. According to respandeat superior, an organization can be held vicariously liable, even if they are not at fault in any way, if one of their employees or agents performed a negligent act while acting in the scope of their employment. Dr. Green is an independent physician that has a written agreement with the Plan stating that Dr. Green is not an employee or an agent of the Plan. Since patents are not provided this contract, they would have no way of knowing about this, but an 87-page brochure was sent to Mr....

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