I have to Reply to at least two of my classmates
My class is Healthcare law.
The discussion board is
Review the article in the following link: Dallas Surgeon May Face Life… (Links to an external site.) Are there other individuals or organizations that could be liable here? If so, under what theory and what facts would need to be shown? This conduct may seem extreme,
My first classmate Discussion is.
This article is about a neurosurgeon who was convicted because of deliberately maiming elderly patients, whose surgery was being performed by him. He has already been involved in such cases where he was the cause of crippling four patients, and the two patients died. The present case is of an older adult who was maimed due to the negligence of the surgeon. The defense attorneys were of the view that the surgeon is not trained and he has not done the first year resident practice. But the prosecutors argued that the surgeon has 17-years experience of practicing in medicine. In the present case, not only the doctor is reliable because the prosecutors are claiming of his experience, but the other staff of him and hospital management should also be reliable. During the surgery, it is not only the surgeon who is performing it there are other team members including the associate surgeons and paramedical staff, why they did not notice the mistakes committed by the surgeon. The same point was presented by the prosecutors who have the view that there are some flaws in the system and machinery of the hospital. This type of conduct during the surgery should be monitored because the life of a person is significant and very little negligence causes the loss of life of that person. Steps should be taken to introduce the new facilities and systems in the hospital which would be helpful for the surgeons during surgery and the training of associate surgeon, and the paramedical staff is also essential along with the practice of the surgeon. (Ballor, 2017)
My second classmate Discussion is.
If the defendant did not have 17 years of extensive training and research behind him, I would imagine there is a possibility he did not receive adequate training. As a result, the facility he works in as well as his attending doctor could be held liable. After a medical student graduates, they go into a residency program to practice medicine at a hospital under an attending physician that supervises and mentors them. The defense attorneys made a statement that he was at the level of a year 1 resident and was not a skilled surgeon. I find that hard to believe unless he was never given a background check or moved up from his residency. There has been cases of individuals faking their identity and presenting themselves as doctors. Had this doctor used a fake identity I could see this being a possibility. One thing I thought about is that he left multiple objects inside of the patients. I don’t see how it is possible that all the other individuals that make up the surgical team did not notice this. If multiple items are being left inside a patient, someone should have picked up on it. In this case, members of the surgical team should take some responsibility for their negligence.
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If at all the accused was unskilled as argued by the defense lawyer, his colleagues and also the hospital management is to be liable. I am sure he could not have conducted the surgery by himself or without being authorized by the management. The other team members such as the junior surgeons and the paramedical staff were to be answerable because it cannot be that they did not notice any errors and blunders done by the surgeon during the whole surgery process.
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