HITT 1235-Chapter 4 Assignment
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Alvin Community College *
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1253
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Medicine
Date
Dec 6, 2023
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Chapter 4 Assignment
Scenario
: A surgeon performs elective surgery on John Smith. Smith later complains to his sur-
geon about pain resulting from the surgery. His surgeon dismisses the complaints as not credible
and eventually withdraws from the case. Smith is then treated by another surgeon, who deter-
mines that Smith developed complications from surgery and that the delay in treatment has made
the complications worse. Smith sees an attorney about a possible lawsuit against the first sur-
geon.
Instructions
: Write at least a two-page essay describing the theories that could support a lawsuit
under these circumstances.
Cite references used.
After the surgeon performs an elective surgery on John Smith, Smith informs the surgeon
he is experiencing pain because of the surgery. The surgeon's approach was not professional and
did not take the issue seriously. In this scenario, Smith's concern should be immediately exam
-
ined and taken seriously in order for a great recovery. Such surgeon’s behavior can be considered
as negligence and malpractice. Instead of the surgeon taking the initiative to help Smith, the sur
-
geon declines his concerns as not credible and withdraws from his case. When Smith did not re
-
ceive the appropriate treatment and care, he reaches out to another surgeon who discovers that
Smith did not recover properly from the surgery and the delay in his treatment has made the
problem worse causing more complications. Furthermore, this issue is a life-threatening situation
that should be a serious matter. Smith reaches out to an attorney to represent him in a lawsuit
against the surgeon who performed the surgery. The Tort Law states, when one party claims that
the wrongful conduct of the other party has caused harm, the aggrieved party may seek compen
-
sation (McWay, 2021). Moreover, Smith's situation can be considered as a medical malpractice
because the surgeon did not follow a standard of care in which resulted a bigger complication for
the patient. Since the surgeon withdrew from his case without reasoning and failed to be avail
-
able to meet the patient’s needs, this response can be looked at as medical abandonment. Medical
abandonment states the unilateral severing, by the physician, of the physician-patient relationship
without giving the patient reasonable notice at a time when there is a need for continuing care
(McWay, 2021). Smith’s case will succeed on a negligence claim for medical malpractice.
Works Cited
McWay, Dana. Legal and Ethical Aspects of Health Information Management. (5th Edition),
2021, 2016. Cengage Learning
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