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.
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