Reference no: EM133520670

Problem

Case Study: Surgery: Sponge and Instrument Count

Dr. Smith owns the local "Outpatient Surgery Center." He instructs employees to count all instruments and surgical sponges following a surgical procedure prior to closing the surgical site. Annie, an employee, failed to conduct the count following Mr. Bill's surgery. Two months later, Mr. Bill, suffering from extreme abdominal pain was noted to have several sponges and an instrument in his abdomen. He had developed a massive infection.

For each of the case studies below, please answer the following questions.

I. What are the facts of the case?

II. Is this case a negligent tort, intentional tort, strict liability (products liability) or criminal?

III. If negligence tort, is it malpractice?

1. What standard of care is required?

2. Are all the elements required in a negligence suit present?

IV. Who would you consider to be the potential plaintiff and defendant?

V. How would you argue for the plaintiff?

VI. What evidence would you present?

VII. How would you defend the defendant?

VIII. What are your defense options?

IX. If you were on the jury, what would your finding/s be, based on only the facts as presented and the classroom discussion?

X. If you find the defendant responsible, what damages would you award, and for what reasons? If the award was provided in the case study, how much was the award and for what reasons?

XI. What are your options if you, as plaintiff or defendant, are unhappy with the jury's decision?