Answer the following questions for each case study discussing medical- intentional torts, contracts and negligence. Number each case answer.
1. Hypothetical
Mrs. Smith was suffering from partial loss of hearing in both ears, but was able to hear and understand normal oral communication. Mrs. Smith consulted with Dr. Jones, the defendant, who examined her and informed her that she was a candidate for an operation known as a “stapes mobilization” operation. Dr. Jones agreed to perform the operation, and told Mrs. Smith that while the operation might not have any beneficial effect her hearing would not be worsened as a result of the operation.
Dr. Jones performed the operation, shortly after which Mrs. Smith suffered a severe decrease of hearing in her right ear to such an extent that she could no longer distinguish sounds, including oral communication.
Mrs. Smith brings an action for breach of warranty. Is she likely to prevail? What additional information would help you in determining whether or not Mrs. Smith will be successful?
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2. Hypothetical
Mr. Clemson suffers from diabetes. Over the years the disease has ravished his body. Doctors have had to remove one toe on his left foot and three toes on his right foot. Severe gangrene has set in the left leg and doctors have recommended surgery. Mr. Clemson is scheduled to have his left leg amputated. In the recovery room, Mr. Clemson discovers that his right leg had been removed.
Analyze whether Mr. Clemson would have a cause of action for each of the following:
a. Assault
b. Battery
c. Negligence
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