Duty of Care 1 Interactions 3

Duty of Care 1

Self-Quiz 3

After a lifetime of eating doughnuts and candy bars, Homer’s doctor tells him that he will have to have a heart bypass operation. Homer has inherited a fortune from his uncle, Mr. Burns, and he decides to hire the very best surgeon to do the operation. Dr. Flanders is a renowned heart surgeon and he advertises himself as the very best bypass surgeon in the world. Homer hires Dr. Flanders immediately. The operation goes well but two weeks afterwards, Homer is still in a lot of pain. An X-ray shows that Dr. Flanders accidentally left a surgical sponge inside Homer’s chest cavity. In an action for negligence against Dr. Flanders, Homer will:

After a lifetime of eating doughnuts and candy bars, Homer’s doctor, Dr Flanders, tells him that he will have to have a heart bypass operation. Dr. Flanders tells Homer that the possible temporary side effects to the surgery are infection, loss of appetite, shortness of breath and inability to sleep. What Dr. Flanders does not tell Homer is that the other possible side effects are blood clots and internal bleeding, both of which could cause sudden death. Dr. Flanders also does not tell Homer that an operation would not be necessary if Homer were to stick to a strict diet and exercise plan. After the surgery, Homer suffers internal bleeding and, although he survives, the loss of blood leaves him partially brain damaged. In a suit for negligence against Dr. Flanders, Homer will probably:

While sitting on his couch watching television, Homer suffers a major heart attack. By the time he is brought to the hospital, Homer is unconscious. Dr. Flanders, a heart specialist, knows that a heart operation is the only way to save Homer’s life. The possible side effects to the surgery are infection, loss of appetite, shortness of breath, inability to sleep, and blood clots and internal bleeding, both of which could cause sudden death. Dr. Flanders immediately brings Homer to the operating room and performs the surgery. When Homer wakes up after the surgery and is told that he was operated on, Homer sues Dr. Flanders, claiming that he never would have consented to the surgery had he known what the side effects of the surgery could have been. If Dr. Flanders argues that he had no duty to disclose the side effects to Homer, Dr. Flanders will probably:

After a lifetime of eating doughnuts and candy bars, Homer’s doctor, Dr. Flanders, tells him that he will have to have a heart bypass operation. Dr. Flanders tells Homer that the possible side effects to the surgery are infection, loss of appetite, shortness of breath and inability to sleep, and blood clots and internal bleeding, both of which could cause sudden death. What Dr. Flanders does not tell Homer is that Homer’s surgery will be the first heart bypass operation that Dr. Flanders will have ever performed. The surgery goes well and Dr. Flanders tells Homer that “considering that this was my first ever bypass operation, things went pretty smoothly.” Homer is enraged and sues Dr. Flanders, claiming that he would never have consented to the surgery had he known that Dr. Flanders was so inexperienced. If Dr. Flanders claims that he was under no duty to disclose, he will probably:

After the first snowfall of the winter, Rudolf and his friend Frosty go out to the park to go sledding and build a snow fort. They decide that the perfect place for their snow fort is at the bottom of the sledding hill. Rudolf and Frosty begin digging through the snow to make bricks for their fort. However, because there is so much snow on the hill, their digging destabilizes the snow and triggers a small avalanche. Blitzer, who has been playing nearby, gets hit by the sliding snow and is severely injured. In a suit against Rudolf and Frosty for negligence, Blitzer will probably: