The Case Of Guilmet V. Campbell Essay
996 Words Sep 27th, 2016 4 Pages
The case of Guilmet v. Campbell took place in the supreme court of Michigan. In May 5, 1970, the first case was submitted, in January 7, 1971 it was resubmitted and in July 7, 1971, the case was decided.
The plaintiff Mr. Richard Guilmet had an operation performed by two surgeons recommended to him by Dr. Klewicki who was his doctor at the time. The plaintiff after the operation suffered “ruptured esophagus due to surgical trauma in doing the vagotomy with bilateral effusion and mediastinal emphysema and mediastinitis”. It was estimated that the mortality rate from the raptured esophagus was 50 to 75 percent. The result of that led to three subsequent operations, transfusion-related hepatitis, loss of about 80 pounds, sleep disorders, scarring, loss is job, recurrent infections, physical weakness, and social inactivity.
In this case, the plaintiff sued the defendant surgeons in separate counts for alleged breach of contract and malpractice, both charged as a result of the same transaction and the same facts. Stating that the defendant surgeons for good and valuable consideration went into a contract with plaintiff Richard A. Guilmet to remove a portion of his stomach by "an operation known as a gastric resection," that defendants performed the agreed operation "in an unworkmanlike, unprofessional and unskilled manner," thereby injuring "plaintiff 's esophagus, a healthy part of his body which required no treatment.
The plaintiff also claimed that the defendants…