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  • Essay / Analysis of a Medical Malpractice Case - 904

    While taking an x-ray, it was discovered that the plaintiff was developing a gastric ulcer. This was again an inherent risk associated with the surgical procedure performed to relieve the duodenal ulcer. And this was not communicated to the plaintiff before the duodenal ulcer operation. Dr. Sands who treated Cobbs first tried to treat the gastric ulcer with antacids and a strict diet. But with vomiting blood, it was obvious that a third operation had to be carried out. A gastrectomy was performed with removal of 50% of the plaintiff's stomach to reduce the acid production capacity. The complainant was released, but was subsequently hospitalized again when he started bleeding again. When the bleeding subsided, he was finally discharged a week later. Cobbs (the plaintiff) brought a malpractice action against his surgeon, Dr. Grant. So, the case came to court after the plaintiff filed a malpractice suit against his surgeon. Thus, on the defendants' side, three experts testified at the hearing: the defendant, Dr. Sands (the surgeon), and the defendants' expert, Dr. Yates. But no expert witness has been produced by the plaintiff in this case.