The patient underwent treatment from Dr.Zabrecky, a Chiropractor, for back pain. The pain was unresolved and...

The patient underwent treatment from Dr.Zabrecky, a Chiropractor, for back pain. The pain was unresolved and subsequently diagnosed as a tumor. After undergoing surgery and radiation, chemotherapy was recommended as cancer had spread to the lung. The patient was given a 50% + chance of remission. Dr. Zabrecky recommended a German experimental treatment that he acquired for the patient who then self-treated. Cancer continued to spread and additional radiation treatment was given. The patient continued to self-treat. He subsequently died of liver necrosis (not Cancer) due to the nephrotoxic effect of the German compounds

Analyze the four-element of Tort

1.Duty to care

2. Breach of Duty

3. Injury

4. Causation

Expert Solution

Medical negilence: negilgence occurs when health care provider fail to provide his duties in standardised manner that causes injury to the patient.

duty to care : a doctor creates relationship with patient and provide rational care to patient. doctor 's responsiblity is to care a patient.here a doctor introduces a new method to heal a patient that leads to negilegence. DR. Zabrecky recommended him german experimental treatment

Breach of duty: a doctor must perform his duties best way according to oath after completing his education. when he fails to do his job or care the patient or provide the best treatment according to the oath, breach of duty occurs. Dr.Zabrecky recommended a german experimental treatment which is not effective treatment, it is experimental one. doctor breached his contract

INJURY: injury or damge occurs to patient as a result of doctor's negilgence. patient died of liver necrosis of nephrotoxic effect of the german compounds as he used continuously german experimental treatment himself

CAUSATION: it is like cause and effect relationship where injury occurs due to the action. patient died due to germen compounds of experiental treatment. Dr. Zebrecky recommended german expremental treatment,so patient treated himself. doctor had not provide direct care to him. injury occurs as a result of doctor by providing experimental german treatment without monitoring him.

Nightingale answered 1 year ago

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