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A surgeon performs elective surgery on John Smith. Smith later complains to his surgeon about the pain resulting from the surgery. His surgeon dismissed his complaints as not credible and eventually withdrew from the case. Smith is then treated by another surgeon who determines that Smith developed complications from surgery and that the delay in treatment has made the complications worse. Smith sees an attorney about a possible lawsuit against the first surgeon. - How can this case be related to the following terms: negligence, medical abandonment, res ipsa loquitur, and technical battery?

Ask by George King. in the United States
Mar 11,2025

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John Smith's case involves potential claims of **negligence** due to the surgeon's failure to address his pain complaints, **medical abandonment** for withdrawing without proper care, **res ipsa loquitur** because complications arose from surgery, and **technical battery** if consent wasn't properly obtained.

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Negligence could be central to Smith's case, as it involves the surgeon failing to provide the standard of care expected in the medical field. By dismissing Smith's complaints and withdrawing from the case, the surgeon may have not only neglected his responsibility but also contributed to the worsening of Smith's condition. Medical abandonment could come into play since the surgeon’s decision to withdraw without arranging for proper follow-up or care likely left Smith without adequate medical support. This withdrawal can be seen as a failure to continue the care that a patient reasonably expects, which may further substantiate Smith's claims in his potential lawsuit.

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