The Case - In 1998, comedian and Saturday Night Live alumnus Dana Carvey underwent open-heart surgery and a double bypass after suffering from persistent severe chest pain unrelieved by other measures. Following his surgery, while all appeared to be well, he soon began to experience the same discomfort that he hac been experiencing prior to surgery. When he brought this up with his doctors, they assured him that it was simply the aftereffects of the surgery that was causing him to feel that way, and that he did not have to worry. But Carvey's discomfort did not go away, and he eventually returned to his regular doctors for a second opinion. It was then that they discovered that something was actually wrong. Two months after the surgery, he received word that his surgeon had mistakenly bypassed the wrong artery. The surgeon claimed it was an honest mistake that occurred because of the unusual positioning of Carvey's artery. The blockage in Carvey's diseased artery remained - hence his continuing symptoms. While relieved that the blockage did not require another open-heart procedure, Carvey did have to undergo an angioplasty on the correct artery. Reportedly, he was so weak in recovery from the ordeal that he had to turn down acting job offers significantly decreasing his income. He could only endure three days of stand-up comedy in a week and was not fully recovered for nearly two years. Despite his eventual full recovery, Carvey cited both the emotional turmoil that he had to endure along with his sincere desire that no one else would have to experience the same event, as the reasons why he filed a $7.5 lawsuit against his surgeon and the hospital. The parties eventually settled the suit for an undisclosed amount. Carvey said, "This lawsuit, from the beginning, was about accountability and doing everything I could to make sure that it wouldn't happen to someone else. Both my wife and I are very satisfied with the outcome and bringing resolution to this case." The Assignment -1 . Did Carvey's case meet the four elements that are required in a medical tort? Describe each element, and why you think they were or were not met. 2. Who were the defendants in the case? Why do you think Carvey sued both of them? Was the surgeon's excuse defensible? 3. Was this suit filed on the basis of an error in diagnosis, procedure, care, or other? Do you think it was intentional, accidental, or negligent? 4. What is your opinion of the amount of money Carey filed for? Do you think it was reasonable? Do you think the undisclosed damages Carey received were compensatory or punitive or both? Defend your answers. 5 . What is your opinion of this case? What is your opinion of medical malpractice cases in general? Defend your stance. (Don't forget to cite an outside source you consulted in your assessment of the case.)
