Perin v. Hayne This is a case that involved the plantiff named Irene Perin, and the defendant who was named Robert Hayne. Robert Hayne who is the defendant was accused by Irene Perin of malpractice. November, 1968, Irene Perin had an anterior approach cervical fusion procedure done. This is a surgery that removes a herniated or degenerative disc in the neck. According to Ullrich (2014), “An anterior approach cervical fusion is performed to relieve neck pain and other paid due to spinal cord or nerve root pressure from a cervical disc herniation.” The plaintiff, Irene Perin believe that the surgeon injured her and caused her to suffer from paralysis vocal cord. This injury had a major effect on Ms. Iren Perin’s voice. Her argument was
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Perin felt that he was the cause of her injury. Others appeared before the court and testified on behalf of Dr. Hayne reassuring the jury and the judge that the healthcare provider had performed the surgical procedure as he always done. To their knowledge no negligence had taken place during the procedure on Dr. Hayne behalf.
Legal Theories of Perin v. Hayne Case The four legal theories in which Ms. Irene Perin chose to seek damages included: specific negligence, res ipsa loquitar, breach of express warranty, and battery or trespass. Res ipsa loquitar according to the legal dictionary is “a rebuttal presumption or inference that the defendant was negligent, which arises …show more content…
Hayne is 2 Philippians 2:3-4, “Do nothing from rivalry or conceit, but in humility count others more significant than yourself. Let each of you look not only to his own interests, but also to the interest of others.” From this case there is no way to actually prove that the well-being of the plaintiff Irene was taken into consideration or not. However, the doctor did have a responsibility to take care of the patient Ms. Irene to the best of his ability. It was the responsibility of the healthcare provider to provide the patient with risk and complications of the procedure. Health care providers and physicians should practice should remember to always provide the patient with informed consent to avoid cases such as this one. Informed consents are the recommended approaches to medical treatment decisions in which the patients actively participate with the healthcare provider that is doing the procedure. Patients should be provided with enough information to play a significant role in making decisions that will later on have a reflect on their values and preferences. Physicians play a key role in this process by being individuals that are educators to the patients during this
Perin felt that he was the cause of her injury. Others appeared before the court and testified on behalf of Dr. Hayne reassuring the jury and the judge that the healthcare provider had performed the surgical procedure as he always done. To their knowledge no negligence had taken place during the procedure on Dr. Hayne behalf.
Legal Theories of Perin v. Hayne Case The four legal theories in which Ms. Irene Perin chose to seek damages included: specific negligence, res ipsa loquitar, breach of express warranty, and battery or trespass. Res ipsa loquitar according to the legal dictionary is “a rebuttal presumption or inference that the defendant was negligent, which arises …show more content…
Hayne is 2 Philippians 2:3-4, “Do nothing from rivalry or conceit, but in humility count others more significant than yourself. Let each of you look not only to his own interests, but also to the interest of others.” From this case there is no way to actually prove that the well-being of the plaintiff Irene was taken into consideration or not. However, the doctor did have a responsibility to take care of the patient Ms. Irene to the best of his ability. It was the responsibility of the healthcare provider to provide the patient with risk and complications of the procedure. Health care providers and physicians should practice should remember to always provide the patient with informed consent to avoid cases such as this one. Informed consents are the recommended approaches to medical treatment decisions in which the patients actively participate with the healthcare provider that is doing the procedure. Patients should be provided with enough information to play a significant role in making decisions that will later on have a reflect on their values and preferences. Physicians play a key role in this process by being individuals that are educators to the patients during this