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Medical Negligence and Standard of Proof

1.If Joseph and Cindy decided to sue Dr Lin, what type of legal action would that be?What are the elements of the offence that Joseph and Cindy need to prove for the action to be successful? What is the standard of proof required in this case?

2.Describe the defence that Dr Lin could raise. This includes describing the elements of a valid consent (with supporting case law and legislation), and the process for obtaining consent in those circumstances when an adult cannot provide it themselves.

3.What are the possible outcomes of this case?

4.Identify two principles that are relevant in this scenario and describe how they apply to the facts in the scenario.

5.Describe where a conflict between these principles may arise by considering the different values of stakeholders in the scenario.

6.Apply the Kerridge et al. (2013) model for ethical problem solving to address the conflict.

This essay  demonstrates the legal action that would be taken against Dr. Lin. And the elements of the offence that Joseph and Cindy would need  need to prove for the action to be successful. It  includes the  the standard of proof that should be given by them  in this case. The essay deals with  the defence that Dr Lin could raise and the possible outcomes of this case.It also includes the two principles that are relevant in this scenario with reference to Beauchamp and Childress’ (2009).

1.If Joseph and Cindy decided to sue Dr Lin it would be law suit filed against the doctor for medical negligence and the breach of duty care by the doctor. This is because she did not perform any medical tests before proceeding with the surgery.They can make an allegation on the doctor Ms Lin that she ignored her previous symptoms of forgetfulness and her elevated temperature due to urinary tract infection and performed the abdominoplasty(Baum, 2014).Joseph and Cindy can sue the doctor on the basis of being negligent of the symptoms and performing the surgery. They should provide the medical reports obtained after the autopsy of Sofie to find the exact reason of death.This worsened the condition of Sophie and ultimately led to her death. This is known as diagnostic mistake of Dr. Lin as she was in rush to perform the surgery.


Joseph and Cindy need to file a case with the proof that the death of Sophie occurred due to the surgery performed by Dr. Lin. They should take the help of an experienced defense attorney and collect all the evidences of her medical reports including her condition and the symptoms occurred before conducting the surgery. These reports of Sophie will act as the standard of proof in this case.They can take the help of expert lawyers practicing in Singapore who have excellent knowledge of professional, legal and ethical issues in the medical profession (Cohen, 2013).They can help them in handling their matter in an effective manner.Joseph and Cindy can sue Dr Lin on the basis of Medical Malpractice and clainm for monetary compensation.  They can avail for revovery that is avaialble for victimsand their family members suffering from  medical negligience. The settlement is done on the basis of a large number of factors such as the severity of the harm faced by the patient, the amount of money spend by the patient in undergoing the surgery, the cost of life in th future of their husband and children due to the loss of Sofie,lack of finance and suffering bthat would occur after the death of the earning memeber in the family.On the basis of these grounds Josepgh nad Cindy can sue Dr, Lin and get monetary compensation after winning the case (Cave, 2016).

The Defence that Dr. Lin Could Raise

2.The defense that Dr. Lin could raise can be by producing several evidences of the fact that the cause of the death was not because of the actions of the medical doctor. The death of Sofie must have occured due to any other medical reasons which was not related to the abdominoplasty that she had undergone.Shge can also defend herself on the grounds that valid consent form that was filled by the husband of Sophie, Joseph. She might fight for the reason that if, the operation did not succeed, the she cannot be said to be negligent as it is already mentioned in the consent form that the patient can die after the surgery (Herring, 2014). A consent acts as the  basic right for a patient to decide whether he or she wants the treatment or not. The decision of patient is considered irrespective of the fact that if he denies the medical treatment, it may result in her death.If a medical surgeon tries to   perform a surgery without a proper consent from the patient, then he or she is considered liable for criminal action and can be sued. Dr. Lin might provide the consent by explaining that Sophie was not in a normal state to fill the consent form, so her husband was asked to fill it


3.The possible outcome of this case is that it is possible that Dr. Lin might win the case as it cannot be proved that the treatment of Sophie by Lin was against the medical norms under prevailing the medical jurisprudence .It can also not be proved that Dr. Lin was negligent or lacked in any manner  while performing the surgery of the patient.Joseph and Cindy cannot prove that the health of Sophie worsened due to the surgery that is abdominoplasty performed by Dr. Lin The appeal of Joseph and Cindy might get  dismissed on the basis of lack of proper evidence and expert opinion produced by them to prove negligence of Dr. Lin (Terranova, 2016).

4.The two principles that are relevant in this scenario are the respect for autonomy and beneficience. Respect for autonomy is one of the most important aspects in the field of medical ethics. It involves respecting the decisions of the patient and the right to make his or her own choice. In this case Dr. Lin asked Sophie whether she wants to proceed with the surgery of abdomen or not and Sophie was very keen and agreed to proceed with it. But the doctor completely forgot and did not ask Sophie to fill up the consent form. The appeal of Joseph and Cindy might get dismissed.because only making an allegation on Dr. Lin will not make it a case of negligence unless and until it is being proven by a proper and a reliable evidence(Furrow, Greaney, Johnson, & Schwartz, 2014).

Possible Outcomes of the Case

Beneficience means that the nurses should try their best in providing quality care that would help in improving the health and well being of their patients .It refers that the doctors or the clinicians should work towards the welfare and the benefit of the patients. They should try their best to perform their duties and be responsible towards their patients. The health professionals providing patient care should be responsible towards their patients as well towards their family members (Ball, Murrells, Rafferty, & Griffiths, 2013). The clinicians should be supportive and should provide guidelines on the various precautions to be taken. They should also make sure they solve their problems and issues. They should provide appropriate health care services by using proper communication skills and ensure patient satisfaction. They should provide proper counseling and psychosocial care to get rid of emotional health like pain, anxiety; distress and low self esteem occurred due to the health issues.In this case Dr. Lin tried her best to provide proper medication and care to Sophie before proceeding for the surgery. She was administered a pre-operative medication so that she drifts off to sleep and does not feel the pain of abdominoplasty and as a result the surgery was successful and Sophie  was advised an oververnight stay in hospital and was discharged home the next day (Daly & Jackson, 2017).


5.The conflict on the basis of the principls explained above are that Dr. Lin respected the choice of Sophie and procceeded with the surgery only after knowing that she was keen on having it.She did not force her to undergo abdominolplasty. But, her husband Joseph was not sure about her decision and nodded his head when Dr. Lin said that she was having symptoms only due to another urinary tract infection. Dr. Lin tried her best so that the surgery becomes successfiul and provided propr care to Sophie(Turner, 2015) (Hube, 2013).

But the problem arose when after seven days of surgery, Sofie did not not recovered at all from her surgery. She had an  increased temperature, was   suffering from high pulse rate and became much more disorientated than she was before the surgery. She was  transferred back to hospital. Unfortunately, Sofie  was suffering from a post-operative infection and sepsis. Despite  providing her proper  care, her condition  deteriorated in a rapid manner and Sofie passed away.Hence, this incidence left Joseph nad Cindy devastated and they planned to sue Dr Lin for the same.

Relevant Principles in the Scenario


6.According to Kerridge et al. (2013) model for ethical problem Joseph and Cindy can file a case in the court against Dr. Lin on the basis of Law  of Negligence as it requires a few more factors other than care  for the patient.  It is  important for Joseph and Cindy,  who wish to sue Dr Lin  in negligenc to show a few evidences that  they owed her  a legal duty to take care of Sophie  and  she breached the legal duty  given to her.She did not diagnose the  medical  condition of the patient in a proper manner and did not understand the nature of the proposed  cosmetological  procedure that is abdominoplasty that was proposed by her. Before proceeding with the surgery she must have reesearched about the the risks that might occur in future due to proposed medical treatment. Dr. Lin should must also have give a second thought about any other alternatives to the proposed treatment, and the advantages and risks involved with those alternatives. Joseph and Cindy should also show the proof that the breach caused them a lot of  damage which led to the death of Sofie (Wall & Morrison, 2014).But Joseph and Cindy did not proper evidence. But, in this case Dr. Lin can defend herself by apealing that the death of Sofie did not occur duye the cosmetological traet,ment that is abdominoplasty.It would have occured due to tyhe irinary tract infection which she was already suffering from before.;

Hence, it can be concluded that Joseph and Cindy  can sue Dr. Lin and file a case against her as she performed abdominoplasty by giving antibiotics ,when Sofie was suffering from  forgetfulness and elevated temperature of the body. She also forgot to get the consent form filled by Sofie and asked Joseph to fill the same.This led to the death of Sofie after a week even when the surgery was successful and the  sudden death of Sofie lead both Joseph and Cindy in shock. They can ask for a monetary compensation by producing all the reports and medical bills to the court. Dr. Lin can also defend herself by saying that by explaining the  medical laws that Sophie was not in a normal state to fill the consent form, so her husband was asked to fill it.  She can produce several poofs tha Sofie was provided  proper care  before and after the surgery and her death is not necessary the result of abdominoplasty and  it might have occured due to other medical reasons

Ball, Murrells, Rafferty, & Griffiths,  (2013). Care left undone’during nursing shifts: associations with workload and perceived quality of care. . Quality and Safety in Health Care , bmjqs 2012.

Baum, (2014). Lessons to Be Learned from Patients and Colleagues. The Journal of medical practice management , MPM, 30(1), 49.

Cave, (2016). Medicine, patients and the law. Oxford University Press.

Cohen. (2013). The globalization of health care: . legal and ethical issues. Oxford University Press.

Daly, & Jackson, (2017). Contexts of nursing: An introduction. Elsevier Health Sciences.

Furrow, Greaney, Johnson, & Schwartz,  (2014). Health law. West Academic.

Herring. (2014). Medical law and ethics. . Oxford University Press, USA.

Hube. (2013). Leadership and nursing care management. Elsevier Health Sciences.

Terranova. (2016). Death after liposuction. In Liposuction. Springer Berlin Heidelberg. , (pp. 825-832). .

Turner (2015). The nursing code of ethics: Its value, its history. . OJIN: The Online Journal of Issues in Nursing , , 20(2).

Wall, & Morrison,(2014). Bridging the theory practice gap through clinical simulations in a nursing under-graduate degree program in Australia. International Journal of Learning, Teaching and Educational Research , 8(1).

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My Assignment Help. (2019). Legal Action Against Dr. Lin: Elements Of Offence And Defence. Retrieved from https://myassignmenthelp.com/free-samples/ethical-problem-of-joseph-and-cindy.

"Legal Action Against Dr. Lin: Elements Of Offence And Defence." My Assignment Help, 2019, https://myassignmenthelp.com/free-samples/ethical-problem-of-joseph-and-cindy.

My Assignment Help (2019) Legal Action Against Dr. Lin: Elements Of Offence And Defence [Online]. Available from: https://myassignmenthelp.com/free-samples/ethical-problem-of-joseph-and-cindy
[Accessed 12 July 2024].

My Assignment Help. 'Legal Action Against Dr. Lin: Elements Of Offence And Defence' (My Assignment Help, 2019) <https://myassignmenthelp.com/free-samples/ethical-problem-of-joseph-and-cindy> accessed 12 July 2024.

My Assignment Help. Legal Action Against Dr. Lin: Elements Of Offence And Defence [Internet]. My Assignment Help. 2019 [cited 12 July 2024]. Available from: https://myassignmenthelp.com/free-samples/ethical-problem-of-joseph-and-cindy.

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