Unconscious null-para arrives in emergency room with the uterine
rupture in progress. A cesarean section is performed followed by
hysterectomy. Understandably, the surgery causes a permanent
impairment. Result? No battery. Why? The hospital and physicians
can prove an affirmative defense of consent. In a prima facie case,
for a patient incapable of giving or withholding consent, the
consent is implied by law. So too, there was no intent to harm the
patient. What about negligence? There is a room for the negligence
claim in this case, because the hospital and physicians had the
duty to perform a procedure with careful considerations of per quod
determinants, burden/benefit ratio, including the wishes of the
patient to remain fecund or fertile. To establish a negligence and
to build a case, the informed consent doctrine is irrelevant, for
this case addresses all six elements of medical negligence: duty,
applicable standard of care, breach, actual cause, proximate case,
and damage. The law of surgical negligence is an ever-evolving
overhaul of acts, codes, stare, decisis, or doctrines. Any
definition in surgical malpractice that includes the notion of
reasonableness raises alarm bells. The action for surgical
negligence may extend from misdiagnoses, wrong site surgery,
misrepresentation, to injurious falsehood, investment privilege,
joint ownership, patent infringement, culpability, or defamation.
Packed in 27 chapters and 29 illustrations of surgical scenes, the
current effort briefs 50 published cases of surgical negligence,
from I.R.A.C. (issue, rule, analysis, conclusion), precedents,
legal limits, to dispositions, verdicts, remedies, and reasoning
pursuant to the Constitutional or statute enactments in the United
States and District of Columbia. The presented cases are sourced at
LexisNexis, BlueBook, and Westlaw. All cases are published, and
free for the public visit under the U.S. Health Insurance
Portability & Accountability Act (HIPAA), the Brady Rule, the
Patient Safety & Quality Improvement Act 2005 (PSQIA), 14th
Amendment Due Process Clause, 17 U.S.C. 512, Digital Millennium
Copyright Act (DMCA); among other instruments. Each case analysis
ends with keywords.
General
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