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Case Report Hookey v. Paterno - Essay Example

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Case Report Hookey v. Paterno

Based on her advanced age and smoking habits, the court established that chances that the surgery would lead to permanent nerve damage were high. Mrs Paterno suffered from nerve damage which the judges identified as a known complication of the surgery. The court found out that Mr. Hookey did not sufficiently inform Mrs Paterno of a rare possibility that the dental and facial operation could result to endless pain. According to the judges, Dr Hookey negligently advised Mrs Paterno to undergo surgery, failing to warn her in a manner she understood best of the risks involved. On the other hand, Dr. Hookey said that he warned Mrs Paterno that in 95% of cases the trigeminal nerve is injured, and that the plaintiff would expect to feel numb in her teeth, lip and chin after the operation. The court ruled that Mr. Hookey ought to have informed Mrs Paterno of very rare complications of non-union of the jaw or that the plaintiff may suffer from continuous pain as an unusual occurrence of nerve damage. The doctor had the duty to give her sufficient details in the simplest way so she would understand the risks involved. ...
The appellant was required to outline the possible consequences resulting from the treatment including numbness and a less likely outcome of continuous pain. According to Freckelton (1999) Dr. Hookey breached his duty of care by failing to adequately inform the patient of postsurgical risks. The judges emphasized the duty of care and its legal impact. Referring to Rogers v Whitaker (1992) HCA 58 the High Court stressed the legal duty to adequately inform patients of dire surgical consequences related to prescribed treatment. This duty complements the doctor’s privilege to perform corrective surgery on the patient. Procedures involved in treatment must be clearly explained to patients to enable them give informed consent on the treatment they receive. Concise information enables the patient to be more comfortable and prepares the patient for the anticipated experience. For a risk to be considered material, it needs to have great repercussions. Also, the chances of it actually happening need to be high and alternative treatments need to be present. Duty of care is the doctor’s obligation to ensure reasonable care when performing his duties (Ketley 2005, 656). Dr. Hookey was found guilty of negligence based on the following conditions: (1) he owed Mrs Paterno duty of care, (2) this duty of care was breached and (3) Mrs Paterno suffered an injury as a direct consequence of the breach of duty of care (Anderson 2006, 156). Dr Hooker was therefore found guilty of negligence as evidence indicated that he failed to sufficiently inform Daniela of the grave consequences related to the operation she underwent. This case emphasized the need to set minimum standards in the delivery of ...Show more
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Summary

Case Study- Hookey v Paterno (2009) According to Hookey v Paterno (2009) VSCA 48, Dr. Stephen Hockey lodged an appeal, challenging a court ruling requiring him to compensate Daniela Peterno her $1,057,833 for a surgery gone bad. After consulting the doctor in 1997 in relation to an extraordinary class II malocclusion she suffered, Dr Hockey had Mrs Paterno undergo corrective surgery…
Case Report Hookey v. Paterno
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