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AH1009: Health Records Management Spring, 2017 Plaza College CLASS ASSIGNMENT In class, we discussed the tort of negligence and the elements required to prove negligence in a civil case. Read the following case study and, in a well-written essay of 3-5 paragraphs, discuss if this is a case of negligence, why or why not, and, if it is negligence, will the plaintiff need to prove the elements of negligence or will some other legal doctrine apply. In discussing negligence, please include what the elements are, and the type of tort it is. To prepare for this assignment, please refer to your notes from class and chapter 7 from the Delmar text. CASE STUDY: Dominick Smith has never been comfortable with his physical appearance. He recently went on a diet, losing more than 150 pounds. He is now upset with the hanging, loose skin on his upper arms, thighs and stomach. His friend gave him the name of a physician who does great cosmetic surgery procedures, at greatly reduced costs. Dominick was interested and made an appointment. At the consultation, Dominick met Dr. Jones, and his wife, Dorothy, who assisted him with all procedures. Dominick asked if Dorothy was a nurse and was told by Dr. Jones that she might as well be since she has tons of experience in all areas of healthcare. Dominick then asked Dr. Jones what his specialty was. Dr. Jones stated to Dominick that he is licensed in Family Practice Medicine, but has been doing cosmetic procedures for years, with a long list of satisfied patients. Dr. Jones informed Dominick that the surgery would be done in the office in his, “surgical suite”. Dr. Jones assured Dominick it was very well equipped to deal with any possible emergencies, but he was sure there would not be any. The fee for the three procedures, which would be done all at the same time, was $6,000, which, Dr. Jones informed Dominick, was much less than anyone else would charge for the same procedure. He told Dominick he was able to do this since he cut out all of the unnecessary “extras”, like expensive inpatient hospital stays. Dominick saw that the environment was clean and felt secure in his friend’s recommendation, so paid the fee, signed the consent form and had his pre-surgical testing done that day. Dominick’s surgery was two days later, and was told to fast from midnight the night before. After the surgery, Dominick stayed in the recovery area of the office for 3 hours and was then informed by Dr. Jones that the surgery was a success, he was fine and could go home, rest and to return for a follow-up in 3 days. That night, Dominick’s wife called an ambulance because Dominick was very pale and in severe pain. At the emergency room, he was diagnosed with internal bleeding, rushed into surgery to stop the bleeding, but he died during surgery. His wife was told that the surgical procedures Dominick had had had severed blood vessels, causing him to lose a lot of blood, with his blood pressure dropping to such a low level, it was too late once they got him into surgery. Dominick’s wife, Jane, sued Dr. Jones, and his wife, Dorothy Jones.
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Running head: HEALTH RECORDS MANAGEMENT

Health Records Management

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HEALTH RECORDS MANAGEMENT

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Health Records Management

Negligence Tort can be considered as a lawful wrong that is experienced by an individual
at the hands of another person who fails to take appropriate care to evade what a sensible
individual would regard as a predictable risk (University of Colorado, 1997). In some instances,
there will be a contractual connection between the involved parties, and in this case is that of a
patient and a doctor. In this scenario, it could be considered as an act of negligence by the doctor.
The re...