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Medical Malpractice

Mary had lost over 225 pounds and was requesting cosmetic surgery to remove sagging skin. Dr. Jones after several consultations with Mary finally agreed (with caution) to perform cosmetic surgery on Mary's drooping upper arms. Dr. Jones initially recommended that Mary should delay medical intervention until she lost some more weight and had time to exercise (this would tighten her upper arms). Nine months following surgery Mary continues to walk around with her arms stretched out like she is holding a tray. Mary states that she was never "warned that she would look like a penguin." Dr. Jones states that the problem remains her weight and that she never exercised. Mary stated that if she wanted to exercise, why would she have had the surgery? Dr. Jones contends that he is not responsible for Mary's penguin posture.
Questions
1. Do you think that Dr. Jones should have performed cosmetic surgery given his initial reservation?
No      Yes

2. If you were a juror on this case, would you find Dr. Jones medically negligent?
No      Yes

3. If Mary demanded financial compensation, what amount would you award?
$0.00     $300.00     $600.00     $150,000     $450,000     $750,000

4. Comment?



Medical Malpractice SWOTT ANALYSIS


STRENGTH OF CASE
Majority of participants felt that Dr. Jones should not have scheduled surgery.
WEAKNESS OF CASE
Majority of participants focused on some aspect of weight loss.
OPPORTUNITY IN THE CASE
If this surgery was medically warranted and not cosmetic, many participants stated that they would have given a large award.
THREAT IN THE CASE
Surgery was viewed as vanity driven.
TREND IN THE CASE
  1. As age increases, award decreases.
  2. Males award greater than female.
  3. Race, No significant relationship found.
COMMENTS:
  1. Dr. Jones warned her - she just wanted to look better.
  2. Slim-Fast would have been more effective.
  3. Mary, buy a treadmill.
 
 
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