The outcomes of medical malpractice lie in the following explanation of perspectives, referred to as “the good, the bad, and the ugly.” This paper provides a presentation of facts of the two highest single-incident medical malpractice lawsuits in Connecticut: Daniel Jacob D’Attilo et al. v. Richard Viscarello et al. (Case 1) and Elizabeth Oram and Simon Oram as Parents and Next Friends of Spencer Oram at al. v. Corinne E. De Cholnoky, M.D. et al. (Case 2) A brief summary of each case, entitled “Sum it Up” will precede the presentation of facts to give the basic premise and overview of events leading up to each trial. Both cases resulted in significant economic compensation to the plaintiff for damages of negligent infliction of emotional distress. After a description of each case, an analysis of the legal and ethical issues will be presented. This analysis will compare and contrast the view in three sections, entitled “the good, the bad, and the ugly” the patient (or plaintiff), doctor (or defendant), and lawyers. While the “good” and “bad” are clear, the “ugly” will specifically target the categorical imperative of the patient, doctor, and lawyers in these two lawsuits. After the positive and negative effects of these cases are revealed, several solutions will be identified with the hope of decreasing frivolous lawsuits, health care costs, and excessive medical bills.
“Sum it Up” Case 1: D’Attilo v. Dr. Viscarello On February 2, 2003, Daniel D’Attilo was born to Domenic and Cathy D’Attilo, from Norwalk, Connecticut via Cesarean section by Dr. Richard Viscarello, the family obstetrician. On January 31, Cathy D’Attilo went to Dr. Viscarello for a routine check-up. During the visit, Dr. Viscarello found her amniotic fluid level had dropped 50%, and told Cathy to come back the following week. On February 2, Cathy went into labor and after being admitted to Stamford Hospital was
Bibliography: "Conn. Jury Awards Record $38.5M in Malpractice Lawsuit." Insurance Journal. The Advocate of Stamford, 11 Feb. 2008. Web. 28 June 2013. Retrieved from http://www.insurance journal.com/news/east/2008/02/11/ 87218.html Daniel Jacob D 'Attilo Et Al Goldfarb, Stanley. "The Malpractice Problem." Weekly Standard. CBS News, 29 Oct. 2009. Web. 28 June 2013. Retrieved from http://www.cbsnews.com/2100-215_162-5442948.html Meiners, Ringleb, and Edwards. "Chapter 6: Elements of Torts." The Legal Environment of Business. Mason, OH: South-Western Cengage Learning, 2008. 150. Print. [ 14 ]. (Sturdevant, 2011) [ 15 ] [ 26 ]. (Goldfarb, 2009) [ 27 ] [ 28 ]. (Sturdevant, 2011) [ 29 ] [ 30 ]. (Conn. Jury Awards Record $38.5M in Malpractice Lawsuit, 2008) [ 31 ] [ 34 ]. (Goldfarb, 2009) [ 35 ]