A surgeon performs elective surgery on John Smith. Smith later complains to his surgeon about pain resulting from the surgery. His surgeon dismisses his complaints as not credible and eventually withdraws from the case. Smith is then treated by another surgeon, who determines that Smith developed complications from surgery and that the delay in treatment has made the complications worse. Smith sees an attorney about a possible lawsuit against the first surgeon.

Question

A surgeon performs elective surgery on John Smith. Smith later complains to his surgeon about pain resulting from the surgery. His surgeon dismisses his complaints as not credible and eventually withdraws from the case. Smith is then treated by another surgeon, who determines that Smith developed complications from surgery and that the delay in treatment has made the complications worse. Smith sees an attorney about a possible lawsuit against the first surgeon.
Things to consider:

Discuss the following theories and how they could support the law suit under these circumstances. Do you have enough information to determine? If so, identify why it applies. If you do not have enough information, what question do you have to determine if it applies?

Negligence

Medical abandonment

Res ipsa loquitur

Technical Batter

Anonymous · Accepted Answer

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