Mitchell. The left arm of the child had to be amputated because of the unsuccessful vascular operation. According to the court session, there was a question to be answered in relation to the agency theory in determining the role of Dr. Williams in this encounter (Tenn Ct App 1970).
The article also focuses on reviewing the case of Edmands v. Chamberlain Memorial Hospital in the context of 1978. The case was against the hospital following the death of the plaintiff's husband having been taken to the emergency department of the hospital. Following deterioration of the health conditions, the patient was taken to the hospital the next day, which resulted into execution of an emergency surgery. Plaintiff's husband died in the course of the operation. According to the hospital, Dr. Loftis was never an employee to the institution, but a staff physician (Tenn Ct App 1937). The court stated the presence of negligent acts of the agents and employees of the hospital during this encounter. One of the findings of the court was the presence of the agency theory as an element of disputed issue in determining whether the doctor as an agent of the hospital or not as he executed the operation on the plaintiff's husband.
The article also focuses on the description of the case of Bass v. Barksdale. In this case, there was a medical malpractice action brought to the court against the nurse and physician working in the context of Metropolitan Public Health Clinic. This is because of the blindness consequence to Mrs. Bass following the encounter with the drugs prescribed for the management and treatment of tuberculosis. Nurse Barksdale was an employee to the institution being in charge of the TB health clinic (Judith & William, 2000). Her role was writing the prescription signed by another employee in the clinic in the form of Dr. Quinn. According to Dr. Quinn, he signed the prescriptions towards the treatment of tuberculosis without having any encounter with Mrs. Bass.
According to the court, there was nothing on the records, which could relate to the vicarious liability. The two personnel were employees of the named hospital. It is also essential to note that Dr. Quinn was the supervisor rather than employer to Mrs. Bass. This is an indication that Dr. Quinn was the intermediate superior employee of the nurse thus not liable for any negligent actions in relation to omission of the duties by the nurse. This statement is only exceptional in case of personal negligence in relation to the command for efficient and co-efficient cause of the injury. According to the court, the doctor should not be held along with the employer with reference to the constructive liability (Judith & William, 2000). Despite these findings, the court unveiled that Dr. Quinn failed to exercise the duty of supervision to the nurse's interaction and treatment of the patient thus an act of negligence contributing to the malpractice in the service delivery.
The other critical case in this review is the case between Tutton v. Patterson against an obstetrician in relation to the sponge found in the body of a patient several months following a cesarean section during the delivery of a healthy baby boy. The consequence of this surgery was the desperate illness of the patient thus the need for the abdominal surgery as well as elimination or removal of majority of the intestines. In this case, the court found no sufficient evidence in determining the physician negligent for the sponge in the patient's abdomen (Judith & William, 2000).
Finally, the article also focuses on the illustration of the Shirley J. Dannenhold v. Knoxville Pathology Group PC. In this case, the medical malpractice action was sought in relation to aspect of misreading of the 1993 Pap smear thus the contraction of terminal cancer. The plaintiff raised various issues with reference to the agent or the borrowed servant of the pathologist in the form of cytotechnologist in misreading the Pap smear slide thus provision of the negative report. According to the findings of the Court of Appeals, there was a basis for the issue thus the application of the vicarious liability (Judith & William, 2000).
The intended audiences in relation to the development of the article include the patients, nurses, doctors, health institutions, and various medical practitioners with reference to provision of quality services and products to the consumers of the products. This is because of the tendency of malpractices in the context of medical profession unlike in other professions like law...
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