Asked by Pallavi Shyam on Jul 23, 2024

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Lisa, a three-year-old girl, was having her tonsils removed. Towards the end of the surgery, Dr. Talker answered her cell phone and failed to thoroughly check for sponges in Lisa's throat. Lisa choked to death. Can Lisa's family successfully sue Dr. Talker?

A) Yes, Dr. Talker failed to meet the standard of care for a surgeon.
B) Yes, Dr. Talker had a duty of care to Lisa.
C) Yes, Dr. Talker's negligence caused the injury.
D) Yes, damages resulted.
E) All of the responses are correct.

Standard of Care

The level of competence, caution, and attention expected of an individual in a specific situation, often used in legal contexts concerning negligence.

Duty of Care

The legal obligation to avoid acts or omissions which could foreseeably harm others.

Negligence

A failure to exercise the care that a reasonably prudent person would exercise in similar circumstances, leading to harm or damage.

  • Uncover examples of professional negligence and calculate liability in assorted situations.
  • Grasp the concept of informed consent and its necessity in the medical and healthcare fields.
verifed

Verified Answer

MO
Maurice ObeidJul 29, 2024
Final Answer :
E
Explanation :
All of the responses correctly outline the elements necessary for a successful negligence claim: duty of care, breach of that duty (failure to meet the standard of care), causation (the breach caused the injury), and damages (injury leading to loss, in this case, death).