lp02 2 assignment damages

LP02.2 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?

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