Answer the Discussion Board board questions in paragraph form and reply to at least 1 classmate.
1. A woman went to the physician with severe stomach pains. She was examined by a surgeon who, she stated, told her that her spleen was hanging by a thread from her collarbone. The surgeon recommended surgery to build up ligaments in her spleen. Following the operation, the surgeon informed her husband that it had been necessary to remove the spleen. The pathology report revealed no evidence of any disease in the spleen. The woman and her husband brought a cause of action against the surgeon for fraud. Should the court rule in their favor?
2. Charles Venner swallowed 24 or 25 balloons of hashish oil in Morocco, flew to New York, passed 5 balloons, went on to Baltimore, and was brought by friends to the emergency room of Sinai Hospital euphoric, disoriented, and lethargic, but responding to verbal orders. While under observation, he passed in bedpans the remainder of the balloons, one broken. The hospital staff saved the balloons and turned them over to the Baltimore police without a warrant. Should the police require a search warrant to use the balloons as evidence in a cause of action for possession of an illegal substance with the intent to distribute?
1 reply in depth to a fellow classmate on the topics they select. (2 total posts per week) post 1 is worth 80points, peer reply is worth 20 points.
1) Your response should be in depth (3-4 paragraphs for the initial post and 2-3 paragraphs for follow up) to fully develop your answer. Defend your position with concrete examples from the weekly content and real-life cases, if applicable.
2) APA citation is required.
The case at hand involves a medical procedure but does not involve fraud or malpractice by any party involved. The surgeon’s description of a “hanging spleen” seems to imply that it was very close to the skin surface and very easily accessible for removal. If the woman were experiencing pain from an actual problem, such as cancer or lupus, then her husband would have reason to believe that his wife might need another opinion before surgery. The doctor’s word should be taken at face value unless there is evidence pointing to fraud or malpractice in his diagnosis or treatment plan
The court could rule in favor of the plaintiffs if it finds that the surgery was performed for aesthetic purposes. In order for this to be true, however, it must be shown that there was no medical reason behind its necessity. The surgeon removed an organ that did not need removing and did so without any evidence of disease. This would suggest fraud on his part because he knew full well what he was doing when he removed someone’s spleen without their consent or knowledge.
It can also be argued that even though there were no signs of any diseases present within this particular patient’s body at time they went into surgery (and thus no need for removal), still there may have been other reasons why Dr. X performed this operation besides just helping “build up ligaments” like we mentioned above; perhaps Drs X & Y didn’t want anything else getting in between them since they’d already been married long enough already.”
A hanging spleen is one that hangs out of the body, as opposed to inside. The word “hanging” suggests that it was very close to the skin surface and very easily accessible for removal by surgery. However, this description does not match what is seen on pathology reports. A normal spleen is not visible because it lies within a protective capsule around the outside of your abdominal cavity; it’s only visible when you open up your abdomen during surgery or autopsy (when organs are removed).
If the woman were experiencing pain from an actual problem, such as cancer or lupus, then her husband would have reason to believe that his wife might need another opinion before surgery. However, if she had no symptoms and was simply being treated for emotional distress over losing her spleen (which could easily be caused by something else), then there would be no reason to remove it.
The doctor’s word should be taken at face value unless there is evidence pointing to fraud or malpractice in his diagnosis or treatment plan.
For example, if a surgeon tells you that your spleen is hanging by a thread from your collarbone and recommends surgery to build up ligaments in it, then it’s likely that he knows what he’s talking about. You may want to consider consulting another doctor before proceeding with the recommended procedure.
The court should decide this case based on the facts presented and not on any legal precedent or doctrine. To aid in its decision, it should consider whether the surgeon’s diagnosis and treatment plan were sound enough to warrant such drastic surgery. The doctor was not acting fraudulently by stating that his patient needed surgery when she did not; rather, he was acting properly in seeking medical advice from other specialists about her condition. Although there may have been some negligence involved in performing exploratory surgery on an injured person without proper equipment or training (which would require a different context), no malice exists here because there is no evidence that the surgeon acted with intent to cause harm to his patient.
In the case at hand, the woman’s husband brought a cause of action against the surgeon for fraud. Should the court rule in their favor? We believe that they should not. Though this case involves a medical procedure, it does not involve fraud or malpractice by any party involved. The doctor was simply trying to help his patient by suggesting surgery which he believed would relieve her pain; however, there is no evidence pointing towards malpractice on behalf of either party involved in this matter.
Try it now!
How it works?
Follow these simple steps to get your paper done
Place your order
Fill in the order form and provide all details of your assignment.
Proceed with the payment
Choose the payment system that suits you most.
Receive the final file
Once your paper is ready, we will email it to you.
Our Services
Ace Writing Center has stood as the world’s leading custom essay writing services providers. Once you enter all the details in the order form under the place order button, the rest is up to us.
Essays
At Ace Writing Center, Nowadays, students normally have extremely busy schedules. You will note that some of them have to take on some evening or weekend jobs in order to get some income that can help them to sustain in college or in the university. This can deny them a chance to write all the essays given. Others usually get bombarded with a lot of work by their lecturers. This can still delay such students from working on all their essays. However, some of them usually try to work on all these essays but end up delivering their work late. This can prevent them from graduating since most lecturers are strict on deadlines. If you want to write a business essay, the wise way is to hire an outstanding essay writing service like us, so that you can get the best results. If you are keen, you will note that many companies usually overcharge their customers. Some of them are there only to make money. And in reality, they really don’t care to build a long term commitment with students. You should not choose such companies. You should take your time and choose a reliable company to work with. Ace Writing Center is the ultimate solution for you. We have been offering our writing service for more than 7 years. This is a clear indication that you will get quality essay writing service. We have a wide range of writers who can work on any business essay that you might have. We believe in doing extensive research so that we can provide quality work to all our clients. .
Admissions
Admission and Business Papers
Have you ever had to write an admission essay for college? The majority of students face the same issues when applying to a university or college and many in such situations decide they need professional help to cope with this matter. They get in a situation when the deadline keeps coming closer but lack motivation to start because they are just not sure if their writing skills are strong enough. We have a solution for you! Ace Writing Center is the best admission essay writing service with a large professional team and years of experience in providing high-quality papers to students of all levels and faculties. The mission of our team is to help students make their dreams of entering a good college come true and that’s what we offer!.
Editing
Editing and Proofreading
Sometimes all the words for your paper just flow out of your mind and into your fingers. You type quickly at your keyboard and there they are, your beautiful words right there on the screen. But you have no idea how to polish it up. You may be wishing there was a paper writing service that offered this type of writing service. Look no more! Here at Ace Writing Center, we offer you an editing and proofreading option that you can't find anywhere else..
Coursework
College Essay Writing
In case you are familiar Ace Writing Center, you know the way to distinguish a better company from a cheap one exactly. First of all, poor service website does not have a sufficient support. We think support team is an essential part of success; it has to answer all clients’ questions and be a connecting link between clients and their writers. On our web-service you will get answers about anything you need and your writer will receive all your instructions, assignments and requirements exactly and swiftly. A writing service that we run has got a flexible pricing system that will save you from senseless wastes and many bonus systems that let you sparing money for something important for you.
