LP2.2 Assignment: Damages Directions: In a paper no longer than 1 page, reflect
ID: 168353 • Letter: L
Question
LP2.2 Assignment: Damages Directions: In a paper no longer than 1 page, reflect on the material you have learned in this learning plan, and discuss the following: Consider a case where a surgeon is performing a hip replacement in a hospital. The physician has a reputation for being “unconventional.” During surgery, the physician is having trouble using the surgical instruments. In frustration, he produces a pair of pliers from his pocket and starts to use them in the procedure. Because the pliers are not approved equipment and have not been sterilized, the other staff react in horror and try to convince the surgeon to put them away. However, the surgeon uses the pliers and completes the procedure. (Believe it or not, similar cases have actually occurred in the real world.) The patient, predictably, develops an infection in the surgery site. The patient has to endure several more costly and painful surgeries to treat the infection and to perform the joint replacement again. He can no longer work, and his relationship with his wife suffers because of his debilitated condition. Question: If the patient and his wife sue the physician, what kinds of damages can they seek? What would be the basis for awarding those damages? How do you feel those damages should be calculated?
Explanation / Answer
Medical malpractice occurs when a doctor's treatment deviates from the medical standard of care in the local community, resulting in harm to the patient. For legal purposes, the medical standard of care is defined as the type of care a reasonably competent physician, practicing the same type of medicine would have provided under the same circumstances.
To get a damage award, the patient must show that:
The three categories of damages available in medical malpractice cases are general, special, and punitive. They are as follows:
1. General damages. General damages refer to the patient's cost of suffering that, although real, cannot by its nature have a definite price. The most common examples are:
Every case is different and there are no clear rules about how the exact amount of damages is determined. To arrive at a dollar value, the patient and others will give evidence about the patient's pain and suffering, loss of enjoyment, and so on. An expert might testify about the usual consequences of the patient's injury.
2. Special damages: Special damages cover the more quantifiable expenses caused by the medical malpractice, including medical bills and past missed work. Although there is often some guesswork involved, particularly when it comes to future medical expenses, special damages are typically more exact than general damages. An expert may still be useful, but in some states simply submitting a certified copy of the medical bill is good enough, depending on the facts of the case.
3. Punitive damages: In some circumstances, the patient may be able to recover punitive damages. The rules on when a patient may get punitive damages vary from state to state, but the general requirement is the doctor must have known that he or she was behaving in a harmful manner. The exact amount of punitive damages is up to the judge or jury, but typically cannot be more than several times the amount of the special and general damages.
The above case is an example of general damage. So, the patient and his wife can sue the physician on teh grounds of general damage.
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