In July 1991, a surgeon at the Osteopathic Medical Center in Fort Worth, Texas,
ID: 123136 • Letter: I
Question
In July 1991, a surgeon at the Osteopathic Medical Center in Fort Worth, Texas, removed the cancerous right lung of Benjamin H. Jones, Jr., age 59 years. Unfortunately, an altered test report and prodding by a colleague during the operation led to removal of the wrong lung. After the pathology examination confirmed that a healthy lung had been removed in error, no one informed Mr. Jones as to what had happened. Court records demonstrated that a top official at the hospital was informed of the discrepancy between the cancer screening and surgery results. The official stated that he relied on the doctors to inform Mr. Jones of the mix-up. Two medical experts swore that Mr. Jones would have had a 60% chance of survival, even with only the cancerous lung, if he had received radiation therapy. At the time of the surgery, the cancer had not spread past the tumor. Mr. Jones died in February, 1992. The Jones family settled out of court for $5.5 million with seven defendants in a wrongful death suit. Along with 20 other defendants, the hospital declined to settle. Mr. Jones had begun smoking in his teens and had quit after suffering a heart attack about 7 years before the surgery.
Questions
l. What was the breach of law in this case?
2. In your opinion, who was legally responsible for Mr. Jones' death and why?
3. What safeguards might be used to prevent this type of mistreatment in a hospital?
4. In your opinion, was the settlement in this case fair?
Explanation / Answer
1. The breach of law in this case , court must have made this is the criminal case and appoint special criminal officer to investigate root cause of wrong surgery. Second thing is that hospital is in mistake but they are using their financial source power to close this case.
2. I think all the team from pathology upto the operation theater is responsible for this wrong surgery and at last hospital upper management also. Any patient admitted in hospital for the well good health and family also hope that shortly he can come home and join us in our activity. Whenever you are performing major operation there must be seriousness about the work. Here pathology generated wrong report and surgeon directly rely on that report, before going for operation he must check the patient history and also confirmed the patient report because so many patient admitted in hospital and there is chances of mix-ups.
3. First of all trained and expert person has to recruit for the all section. In pathology lab there must be different section for the major and critical diseases report. Doctors has to read patient history before coming to operation and there must be second check .
4. Settlement is not fair in this case, because we have loss one life here because of silly things so better to take this case as a criminal case and file FIR against all the team including upper management. Court also give penalty to hospital and assist family of Jones for future purpose.
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