A surgeon performs elective surgery on John Smith, Smith later complains to his

Question

A surgeon performs elective surgery on John Smith, Smith later complains to his surgeon about pain resulting from the surgery. His surgeon dismisses his complaints as not credible and eventually withdraw from the case. Smith is then treated by another surgeon, who determines 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 surgeon. Describe the theories that could support a lawsuit under these circumstances.

Explanation / Answer

Answer:

Based on the given information, Smith developed complications as a result of surgery and the delay in treatment made the complications worst.
Theories that could support a lawsuit under these circumstances are:

1) Medical Abandonment: Since Mr. Smith was under the care of the Surgeon and the Surgeon refuses to continue the treatment process after Mr. Smith complaint of surgery related pain, therefore, it was the duty of the Surgeon to continue his treatment till his issue was completely addressed. However, since Surgeon withdraws from the case, therefore, this would be a case of medical abandonment when the patient still needed his medical attention.

2) Failing to follow-up: Since Mr. Smith has described his painful condition to the Surgeon after the surgery, the Surgeon has a duty to take care of his patient and treat appropriately for the symptoms.Since there was no follow-up from the Surgeon, therefore a failure to follow-up claim could support a lawsuit.

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