Professional Negligence

Masters
Case Study
Law
Pages 10 (2510 words)
Download 0
1. I am asked to advise Mr. David Johnson in the matter of a claim for clinical negligence made against Eyes Right as well as Dr. Donald Ivy (DI) and Dr. Benjamin (DB). Mr. David Johnson sustained damage to his corneal flap as a result of a Lasik Eye Surgery performed by Drs…

Introduction


2. Mr. David Johnson went to Eye Right Clinic on August 5, 2003 to enquire about the possibility of undergoing Lasik Eye Surgery to correct his nearsightedness. He was attended to by DI. He underwent to treatment to his right eye but was told that the operation was only partially unsuccessful. On August 12, he returned once more, but was again told that the operation was only partially successful. On August 19, he returned for treatment on his left eye, and this yielded completely satisfactory results. Additional treatment on his left eye was conducted on September 29. This operation was done both by DI and DB. It was during this visit that complications arose. Mr. David Johnson was informed that there was a problem as his cornea has been penetrated. In a subsequent examination by DI, he was told that his corneal flap had been damaged and that a corneal graft was probably necessary. He was referred to Dr. Singh (GS) at the Grafton Hospital in Oxford.
3. Mr. David Johnson has had several operations and procedures to correct the damage to the cornea, beginning with the stitching the damaged corneal flap on September 30, 2003 and culminating in a corneal graft on September 24, 2004. The sight on the right eye is still problematic. He is on the NHS waiting list to have a contact lens implant. After the operation at Eye Right, he experienced pain due to "dry" eye, reduced and disturbed sight and very poor night vision. ...
Download paper
Not exactly what you need?

Related papers

Tort of Negligence
Per say the concept of negligence doe not refer to an act. Actually it is a legal concept that tends to define the basic character of an act so as to prove it to be legally wrong. As per Blyth vs. Birmingham Waterworks Co. (1856), “Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do,…
Negligence and tort law
Where no duty is owed there can be no liability The Structure of Negligence The definition of negligence in ordinary parlance is carelessness. Its strict legal analysis was given by Lord Wright in Lochgelly Iron and Coal Co vs. McMullan (1934): “….negligence means more than heedless or careless conduct, whether in omission or commission: it properly connotes the complex concept of duty, breach…
Law - Tort of Negligence
Before then, the courts studied the circumstances of the case and so if there was precedent and decided, based on all these, if the plaintiff was entitled to redress. Tort of negligence There was no set rule defining what negligence was. It was in the case of Donoghue vs. Stevenson where negligence as a rule first arose (Oliphant,2005. P. 325). In this case the plaintiff’s friend offered her a…
Aspects of Contract and Negligence
The Facts of Donoghue and Stevenson, and the Importance of This Judicial Precedent It is a civil action between two people (Mrs May Donoghue v. David Stevenson). It is important to state that it is not a criminal prosecution. On 26 August 1928, Mrs Donoghue was bought a drink by her friend at the Wellmeadow Cafe in Paisley. She consumed a portion of ginger beer, which contained an ice-cream float.…
MEDICAL NEGLIGENCE
Nurse Rachett is an experienced intensive care nurse, therefore any decision she makes concerning the treatment offered in the intensive care unit is justified. However, Nurse Rachett is not a surgeon and could not make any decision concerning the operation and the breathing device without consultation from Dr. Kildare was not appropriate. The attempt to clear the breathing device while she was…
australian law
If a professional adviser is found to knowingly having provided or failed to provide information that exposes the advisee to incur any losses or damages on their part, this considered to be a breach of duty. All professionals are generally held to an established and reasonable standard of basic care and professionalism.
Professional Negligence
2. Mr. David Johnson went to Eye Right Clinic on August 5, 2003 to enquire about the possibility of undergoing Lasik Eye Surgery to correct his nearsightedness. He was attended to by DI. He underwent to treatment to his right eye but was told that the operation was only partially unsuccessful. On August 12, he returned once more, but was again told that the operation was only partially successful.…