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Medicolegal Quiz

April 11, 2012

OK, students, here’s a question that I use in my lectures which has now become a real-life situation.

Parents in Argentina were upset to find that the child doctors stated was stillborn and which had already been enclosed in a casket was … alive and crying when they went to see her.

I don’t know if the laws in Argentina differ from those in the US, but the parents stated that they plan to pursue a medical malpractice suit against the hospital. Which leads to the following question:

The outcome of a medical malpractice case against the hospital and doctors would likely be:
A. Nominal damages for the child’s pain and suffering
B. Liable for gross negligence
C. Liable for ordinary malpractice
D. Not liable because there were no damages

Answer in the comments section.

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One Comment leave one →
  1. April 11, 2012 11:17 pm

    The answer is “D” – no liability. Any malpractice plaintiff has to prove “duty, breach, causation, and damages.” While there was a duty and there may have been a breach in duty, it would be difficult to prove that the child suffered while in the casket.
    Thank goodness that the parents went to see the child. Truly a miracle outcome.

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