In one of the most tragic surgical errors. 52-year-old Willie King was supposed to have a diseased leg amputated in 1995. Instead, the surgeon took the wrong one off. As in many wrong site surgery cases, there were a series of mistakes that led to the wrong leg being amputated.

The incorrect leg was listed in a number of key places including the blackboard in the operating room, the hospital’s computer system, and the operating room schedule. The staff had sterilized and prepped the wrong leg for surgery before the surgeon, Dr. Rolando Sanchez, appeared in the operating room.

The doctor’s defence later was that both legs were unhealthy and would have to be amputated in any event. He was fined $10,000 and received a six-month medical license suspension. The cases against the surgeon and hospital were settled for $1.15 million.

A. Define a ‘negligent act’ and state its elements. (6 marks)

B. Use of res ipsa loquitur in medical malpractice cases appears to have had the effect of turning doctors into insurers. Explain the importance of medical malpractice insurance, and in its absence, the effects the avoidance risk management technique would have on society. (5 marks)

C. Property owners have a certain degree of care to those who enter their premises. Explain the “duty of care” owed to the following groups or persons:

i. Invitees ii. Licensees iii. Trespassers. have little to no obligations to trespassers on their property.

(6 marks)

D. Explain what is meant by “Attractive Nuisance” as it relates to trespassing and negligence.

(3 marks)