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The Legal Action Taken against Dr. Lin - 001293G

   

Added on  2020-03-13

8 Pages2212 Words51 Views
Running head: NURSING ASSIGNMENT Nursing Assignment Name of the student:Name of the university:Authors note:

1NURSING ASSIGNMENT This essay demonstrates the legal action that would be taken against Dr. Lin. And theelements of the offence that Joseph and Cindywould need need to prove for the action to besuccessful. It includes the the standard of proof that should be given by them in this case. Theessay deals with the defence that Dr Lin could raise and the possible outcomes of this case.Italso includes the two principles that are relevant in this scenario with reference to Beauchampand Childress’ (2009).1. If Joseph and Cindy decided to sue Dr Linit would be law suit filed against the doctor formedical negligence and the breach of duty care by the doctor. This is because she did notperform any medical tests before proceeding with the surgery.They can make an allegation onthe doctor Ms Lin that she ignored her previous symptoms of forgetfulness and her elevatedtemperature due to urinary tract infection and performed the abdominoplasty[ CITATIONSeg14 \l 1057 ].Joseph and Cindy can sue the doctor on the basis of being negligent of thesymptoms and performing the surgery. They should provide the medical reports obtained afterthe autopsy of Sofie to find the exact reason of death.This worsened the condition of Sophie andultimately led to her death. This is known as diagnostic mistake of Dr. Lin as she was in rush toperform the surgery. Joseph and Cindy need to file a case with the proof that the death of Sophie occurred dueto the surgery performed by Dr. Lin. They should take the help of an experienced defenseattorney and collect all the evidences of her medical reports including her condition and thesymptoms occurred before conducting the surgery. These reports of Sophie will act as thestandard of proof in this case.They can take the help of expert lawyers practicing in Singaporewho have excellent knowledge of professional, legal and ethical issues in the medical profession[CITATION Coh13 \l 1057 ].They can help them in handling their matter in an effective

2NURSING ASSIGNMENT manner.Joseph and Cindy can sue Dr Lin on the basis of Medical Malpractice and clainm formonetary compensation. They can avail for revovery that is avaialble for victimsand their familymembers suffering from medical negligience. The settlement is done on the basis of a largenumber of factors such as the severity of the harm faced by the patient, the amount of moneyspend by the patient in undergoing the surgery, the cost of life in th future of their husband andchildren due to the loss of Sofie,lack of finance and suffering bthat would occur after the death ofthe earning memeber in the family.On the basis of these grounds Josepgh nad Cindy can sue Dr,Lin and get monetary compensation after winning the case[ CITATION Bra16 \l 1057 ].2. The defense that Dr. Lin could raise can be by producing several evidences of the fact that thecause of the death was not because of the actions of the medical doctor. The death of Sofie musthave occured due to any other medical reasons which was not related to the abdominoplasty thatshe had undergone.Shge can also defend herself on the grounds that valid consent form that wasfilled by the husband of Sophie, Joseph. She might fight for the reason that if, theoperation didnot succeed, the she cannot be said to be negligent as it is already mentioned in the consent formthat the patient can die after the surgery[ CITATION Her14 \l 1057 ]. A consent acts as the basicright for a patient to decide whether he or she wants the treatment or not. The decision of patientis considered irrespective of the fact that if he denies the medical treatment, it may result in herdeath.If a medical surgeon tries to perform a surgery without a proper consent from the patient,then he or sheis considered liable for criminal action and can be sued. Dr. Lin might provide theconsent by explaining that Sophie was not in a normal state to fill the consent form, so herhusband was asked to fill it. 3. The possible outcome of this case is that it is possible that Dr. Lin might win the case as itcannot be proved that the treatment of Sophie by Dr. Lin was against the medical norms under

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