The underlying or the primary issue
CHAP 14 Q 8
Plaintiff Van Hierden injured his thumb and finger at work and had it surgically repaired. He later developed a persistent pain at the base of his thumb. He went to see the defendant about having a sympathectomy to alleviate his pain. The defendant told the plaintiff “We are going to get rid of your pain and get you back to work.” The plaintiff then signed a written consent form to have the surgery, which included the following:
The procedure listed under paragraph 1 has been fully explained to me by Dr. Swelstad and I completely understand the nature and consequences of the procedure(s). I have further had explained to me and discussed available alternatives and possible outcomes, and understand the risk of complications, serious injury or even death that may result from both known and unknown causes. I have been informed that there are other risks that are adherent to the performance of any surgical procedure. I am aware that the practice of medicine and surgery is not a exact science and I acknowledge that no guarantees have been made to me concerning the result of the operation or procedure(s).
CHAP 15 Q 9
The defendant performed the sympathectomy, but it did not alleviate the plaintiff’s plain: nor was he able to return to work, so he sued the defendant for breach of contract to cure the pain. The district court granted summary judgment for the defendant, finding that no contract had been formed as a matter of law. On appeal, do you believe the court found a valid agreement between the parties? [Ronald Van Hierden v. Jack Swelstad, MD, 2010 WI App. 16, 2009 Wis. App. LEXIS 1013.]
200 words each question
1.5 pages in total
……………………….Answer preview………………………………..
Case 1
Issue: The underlying or the primary issue of this case is whether the defendant is responsible for any outcomes that may come with the surgery that the plaintiff is going to undertake. Should the court enforce the contract that the plaintiff signed before going for surgery in case of any negative outcome?……………………………….
APA
471 words
