The Case of Munoz v Clark

Margarita Munoz is the plaintiff and Gordon B. Clark is the defendant. The standard of care, in this case, is that the physician should have performed the surgery properly or, in case of inability to do that, warn the patient about the actual outcome. The burden of proof, in this case, lies on the plaintiff since she is interested in showing that the physician is guilty of not treating her in the correct manner. The success or lack thereof is critical for the case. The four elements that should be proven are a duty, breach of duty, damages, and causation. They constitute the body of evidence needed to successfully prove that a healthcare professional is guilty of negligence. All elements are present in the case. Thus, a physician has a duty to provide truthful information about the treatment. This duty was breached when the defendant informed the plaintiff about the successful operation when, in fact, there was no successful operation. The damages that the plaintiff suffered in the future are evidence. The causation between has already been established.  The medical error could have been prevented if the physician had consulted with the colleagues. The economic impact of the resolution of this case is significant as it results in reinstatement of damages that the plaintiff suffered. Given the severity of the situation, the amount of money will be significant. There is no doubt that the finding of negligence is likely to have a fundamentally negative impact on the practice of the physician. The latter may no longer be able to work which will deprive one of the stable sources of income. It is possible that the state medical board may suspend the license in order to make sure that similar negative accident does not happen. This will be a fair resolution of the issue in question.

References

Munoz v. Clark. (n.d.). Retrieved October 31, 2017, from http://caselaw.findlaw.com/ks- court-of-appeals/1118060.html

The terms offer and acceptance. (2016, May 17). Retrieved from

[Accessed: March 29, 2024]

"The terms offer and acceptance." freeessays.club, 17 May 2016.

[Accessed: March 29, 2024]

freeessays.club (2016) The terms offer and acceptance [Online].
Available at:

[Accessed: March 29, 2024]

"The terms offer and acceptance." freeessays.club, 17 May 2016

[Accessed: March 29, 2024]

"The terms offer and acceptance." freeessays.club, 17 May 2016

[Accessed: March 29, 2024]

"The terms offer and acceptance." freeessays.club, 17 May 2016

[Accessed: March 29, 2024]

"The terms offer and acceptance." freeessays.club, 17 May 2016

[Accessed: March 29, 2024]
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