Question: I would like some insight on the questions below Case Study: Medical Malpractice? In scenario A, a forty-eight-year-old moderately obese male is undergoing laparoscopic surgery

I would like some insight on the questions below

I would like some insight on the questions below Case Study: Medical

Case Study: Medical Malpractice? In scenario A, a forty-eight-year-old moderately obese male is undergoing laparoscopic surgery in a local hospital to remove his gallbladder (cholecystectomy). During the course of the procedure, a poorly placed vascular clip slips and damages the cystic artery, the primary supplier of blood to the gallbladder.285 The resulting small bleed is not observed by the surgical team and the procedure is deemed a success. The patient is discharged after an overnight stay and returns home. Within twenty-four hours he begins to feel light- headed, dizzy, and weak, but he ignores these symptoms. The following night the patient is awakened at approximately 4:00 a.m. by severe abdominal pain. He is too lethargic to get out of bed but manages to reach his cellphone on his nightstand and calls 911. The emergency team arrives within eight minutes and finds the patient in shock. He goes into cardiac arrest before the ambulance reaches the hospital. Resuscitation attempts do not revive him and he is pronounced dead by Emergency Department medical staff. Subse- quently, the man's family files a claim against the surgeon and the hospital for wrongful death due to medical malpractice. At the trial, medical experts for the defendants testi- fied that bleeding complications following laparoscopic cholecystectomy are the "second most common cause of death in patients undergoing the procedure," with several studies demonstrating incidences ranging from 1 to 2 percent.286 In scenario B, a fifty-four-year-old moderately obese female is undergoing lap- aroscopic surgery in a local hospital to remove her gallbladder. During the procedure the patient goes into cardiac arrest. Resuscitation attempts are not successful and she is pronounced dead by the surgeon. Subsequently, the woman's family files a claim against the surgeon and the hospital for wrongful death due to medical malpractice. At the trial, medical experts for the defendants testified that hospital records demonstrated the surgeon and her team had conformed to prevailing medical standards of care. Ethical and Legal Analysis 1. Compare and contrast scenarios A and B from the perspective of medical malprac tice. Analyze the likelihood of the plaintiffs' success in each scenario. 2. Discuss the benefits to society of framing medical malpractice in the context of tort liability. 3. Discuss the potential benefits to society if medical malpractice could be addressed in the context of strict liability. 4. Discuss hospital policies and procedures that potentially could help to avoid patient outcomes such as those obtained in scenarios A and B

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