What duty did the physician owe to the patient? The physician,Dr. Hayne, was performing an anterior approach cervical fusion tothe patient, Perin. A surgeon’s duty is to diagnose a patient,perform the operation, and then provide postoperative care to apatient. Did the physician breach that duty? The physician followedhis duty, and did the surgery as planned, and followed up afterwith the patient, the patient then sought damages after fornegligence, res ipsa loquitur, breach of express warranty andbattery or trespass. How do we know? We know that any patient whogoes under while in surgery has a chance or complications. Thecourt also found none of the claims to be true that the plaintiffsought. If so, did that breach cause an injury? I don’t believethat the physician breached their duty, it was an honest mistakethat could have occured in any sugery. The fusion was successful,the surgery just reduced Perin’s voice to a coarse whisper. Is thedefendant liable and why or why not? Just because the physician didnot breach his duties, I still do believe he is liable even withoutany other counts of neglicence. The physician, Dr. Hayne, stillchose to do the surgery and committed to continue to care for thepatient.
Should physicians in different parts of the US have to apply thesame standard of care? How much leeway to physicians around thecountry have to treat patients differently?
