difffrence
Question 1
6 out of 10 points
Hapless Hospital is concerned about fulfilling its obligations under JCAHO to adequately evaluate applicants for Medical Staff Privileges. Dr. Goody, a board certified surgeon, was appointed by the hospital's credentials committee to be a proctor for (observe) a surgeon who had applied for staff privileges. In accordance with the hospital bylaws, Dr. Goody was asked to observe ten (10) surgeries performed by the applicant and then submit a written report to the credentials committee. The patient in one of those surgeries sued the surgeon and Dr. Goody claiming that the surgeon committed malpractice and Dr. Goody failed to intervene. Assuming that an act that constituted a breach of the standard of care did occur and cause injury to the patient during the surgery in question, as presiding judge, how would you find regarding the two defendants? Please give the rationale for your decision.
Answer
Selected Answer: As the presiding judge, I would deny recovery from Dr. Goody However the patient can prevail with Hapless Hospital. Rationale: There was no physician-patient relationship stating that Dr. Goody would provide treatment to the patient in return for payment. So there is no professional liability since there is no contract to be breached. In the absence of a contract between physician and patient, the law usually imposes no duty on the physician to treat the patient. The physician had no duty to the patient because no physician- patient relationship has been established. Also To find Dr. Goody negligent, it must be shown that his conduct fell below a generally accepted standard of medical care. However Hapless Hospital there was a breach of the standard of care. The patient in this case can prevail. The element of negligence has been claimed. •&νβσπ;A duty was owed to the patient from Hapless. •&νβσπ;A legal duty existed when the hospital a health care provider undertook
6 out of 10 points
Hapless Hospital is concerned about fulfilling its obligations under JCAHO to adequately evaluate applicants for Medical Staff Privileges. Dr. Goody, a board certified surgeon, was appointed by the hospital's credentials committee to be a proctor for (observe) a surgeon who had applied for staff privileges. In accordance with the hospital bylaws, Dr. Goody was asked to observe ten (10) surgeries performed by the applicant and then submit a written report to the credentials committee. The patient in one of those surgeries sued the surgeon and Dr. Goody claiming that the surgeon committed malpractice and Dr. Goody failed to intervene. Assuming that an act that constituted a breach of the standard of care did occur and cause injury to the patient during the surgery in question, as presiding judge, how would you find regarding the two defendants? Please give the rationale for your decision.
Answer
Selected Answer: As the presiding judge, I would deny recovery from Dr. Goody However the patient can prevail with Hapless Hospital. Rationale: There was no physician-patient relationship stating that Dr. Goody would provide treatment to the patient in return for payment. So there is no professional liability since there is no contract to be breached. In the absence of a contract between physician and patient, the law usually imposes no duty on the physician to treat the patient. The physician had no duty to the patient because no physician- patient relationship has been established. Also To find Dr. Goody negligent, it must be shown that his conduct fell below a generally accepted standard of medical care. However Hapless Hospital there was a breach of the standard of care. The patient in this case can prevail. The element of negligence has been claimed. •&νβσπ;A duty was owed to the patient from Hapless. •&νβσπ;A legal duty existed when the hospital a health care provider undertook