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Essay / Research Paper Abstract
A 3 page essay that outlines a law case scenario and then describes two cases that are relevant to the scenario. Based on these 2 cases, the writer argues on the rationale of the court in deciding this case. No bibliography is provided.
Page Count:
3 pages (~225 words per page)
File: D0_khlcsce.rtf
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Unformatted sample text from the term paper:
was hit by a truck. Although his injury seemed slight-he complained of a headache and had a red mark on the back of his neck-his mother, Mary, took him to
the hospital where he was seen by Dr. Richard Farmer, who ordered x-rays. As the x-rays did not reveal a skull fracture, Farmer sent the boy home with orders for
his mother to observe him. He died the next morning. The case scenario states clearly that Farmer failed to examine the back of Andrews head and that he
failed to "use the other diagnostic procedures that are standard in such cases." Furthermore, it states that Mary Quale consulted expert medical opinion, which indicated that Farmer was negligent, as
surgery would have offered Andrews only chance for survival, which was estimated would have improved Andrews chances for survival to 50 percent. While Farmer was negligent, the question posed by
this scenario is whether or not his negligence can be viewed as a proximate cause of the childs death. The two relevant cases apply, Moulton v. Ginocchio (1966) and
Mallard v. Harkin (1969). In the first case, a legal precedent was clearly established, which read "The law does not require (medical) certainty; however, a physician is answerable if he
prevents a substantial possibility of survival" (Moulton v. Ginocchio). In this case Samuel Ginocchio dismissed a patient complaining of abdominal pain as having a "stomach bug" when the patient, a
diabetic, was actually suffering from severe abdominal hemorrhaging due to an obstruction. Expert medical opinion was emphatic that the patient would have survived with immediate surgery. Therefore, Ginocchios actions deprived
the patient of a substantial possibility of survival. In the second case, Mallard v. Harkin, a suit was brought against a physician for failing to perform surgery that
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