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Legal Liability Assignment Paper

Legal Liability Assignment Paper

  • 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.

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  1. Based upon the information above, describe at least two theories of liability that could support a lawsuit under these circumstances. Be sure to discuss each theory in detail and thoroughly explain the rational for your choices. What are the potential defenses and limitations of the liability theories you have chosen?
  • 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.
  1. Based upon the information above, describe at least two theories of liability that could support a lawsuit under these circumstances. Be sure to discuss each theory in detail and thoroughly explain the rational for your choices. What are the potential defenses and limitations of the liability theories you have chosen?

Legal Liability Assignment Paper

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