Tort & Negligence Law in Health Care

Tort & Negligence Law in Health Care

Introduction

The main purpose of this paper is to identify a case of Tort or Negligence law in health care and discuss the case and its fact. The case which has been chosen in this paper for discussion is Deutsch v. Shein, 597 S.W.2d 141, 143 (Ky. 1980).

Details of the Case

The case belongs to the appeal which had been submitted by Mrs. Deutsch. Mrs. Deutsch has submitted an appeal to the Jefferson Circuit Court in which she has complained that she had received the damages from Dr. Shein as he has not provided the proper treatment for the physical and mental pain which she was suffering. However, her application and appeal have been affirmed.

The case had started on January 1974 in which Mrs. Deutsch has made a visit to Dr. Shein. Dr. Shein was very famous and certified internist for the treatment and diagnosis of the different problems like weakness, nausea and other associated problems. The circumstances of this case were brought into hot discussions. The main reason of dispute was that Mr. Shein has not properly diagnosed the pregnancy test for Mrs. Deutsch (Bingham, 2010). This is the reason why Mrs. Deutsch has made complains against Dr. Shein. She visited another doctor where she had revealed that she is pregnant. She become worried because Dr. Shein has taken her x-rays and x-rays are injurious for the pregnant women. The other doctor has checked her x-rays and claimed that these x-rays can be very dangerous for her fetus. Therefore, he has recommended her to go for abortion. Thus, Mrs. Deutsch has filed a case of negligence against Mr. Shein.

Summary of Arguments during the Case

Given below is the summary of arguments provided by both sides in this case. ...