Topic > Analysis of a Medical Malpractice Case - 904

On taking an x-ray, it was discovered that the plaintiff was developing a gastric ulcer. This was also an inherent risk associated with surgery performed to relieve the duodenal ulcer. And this was not communicated to the plaintiff before surgery for the duodenal ulcer. Dr. Sands who treated Cobbs initially tried to treat the gastric ulcer with antacids and a strict diet. But with the vomiting of blood it was clear that a third operation had to be performed. A gastrectomy was performed with removal of 50% of the appellant's stomach to reduce the ability to produce acid. The plaintiff was discharged, but was later re-admitted to hospital when he began bleeding again. When the bleeding subsided, he was finally discharged a week later. Cobbs (plaintiff) brought a malpractice suit against his surgeon, Dr. Grant. Then, the case came to court after the plaintiff filed a malpractice lawsuit against his surgeon. So, on the defendants' side there were three experts who testified at trial: the defendant, Dr. Sands (the surgeon), and the defendant's expert, Dr. Yates. But in this case the plaintiff did not produce any expert opinion