Which doctor is negligent in these situations?

Question

You have a patient who is dying. After many tests, you have determined that the cause is one of two things. Both have identified treatments, however you do not have time to do further testing to identify which is the root cause. You also do not have time to try both treatments as the condition has gotten severe.
The first treatment is the safer route, and hospital protocol. It will cause no harm if you make the wrong diagnosis, but the patient will still die because you haven't got time to administer the second treatment.
The second treatment will cure the condition if diagnosis is correct, but will speed up death if your diagnosis is wrong.
Doctor A chooses the first treatment. His diagnosis is wrong and the patient dies.
Doctor B chooses the second treatment. His diagnosis is also wrong and the patient dies.

Are either of these doctors legally responsible for the death of their patient?

Which doctor would you prefer to have working on your case? The one who played it safe or the one who took a chance - regardless of the outcome.

Answer 1

As long as Dr A and B followed reasonable medical standards when treating the patient, neither is responsible.

From your facts, it appears that proceeding with either the first or second course of treatment was reasonable under the circumstances.

So, no negligence. Negligence requires unreasonable treatment. Negligence does not exist solely because of an undesireable outcome.

Answer 2

I agree that neither is legally or ethically negligent.

As for personal choices I would want the doctor who presents both obtions to the patient and the family and allows there input and choice in which option to proceed with.

Answer 3

Which doctor fully informed his patient? It was the patient's right to choose after being fully informed. Since you didn't include that for either doctor, I believe you have a malpractice case against both, but take the settlement offered.

Answer 4

i'm not sure that there replaced into something that he ought to've achieved related to the child's place on your uterus. i've got heard of doing instruction manual manipulation of the child on your abdomen so that they are contained in the stunning place to grant vaginally, yet i don't think of it is used very usually. whilst replaced into your ultrasound earlier then? I had plenty because of the fact of issues, yet my wellbeing care expert informed me that they commonly in common terms do one if the being pregnant is progressing commonly. If that replaced into the case, i'm not seeing something right here the place he ought to've or could've achieved something distinctive. the placement of the fetus isn't some thing that they reveal screen at any time in the process the being pregnant different than suited earlier transport, which he did and desperate to do the c-area. whether he had popular that your son replaced into in an atypical place, i'm not sure that there replaced into something he ought to've achieved approximately it. i'm not an OB nurse nevertheless so according to hazard i'm only not familiar with it. you ought to constantly ask your gyno (assuming you're seeing somebody new) if there might've been the different issues that ought to've been achieved. the only component that sounds style of fishy is the timing of the ultrasound. did not you have one at around 20 weeks? Like I reported, I had many, yet i think of it extremely is whilst my ob informed me she commonly does them for familiar pregnancies. The timing sounds unusual, yet i don't think of that his injuries ought to've been prevented, yet ask besides.

Answer 5

As far as legal responsibility, I would think both could be legally responsible for the misdiagnosis. It really is tough to say without more details.

Doctor's don't make decisions for me, I make the decisions, they simply advise. So it doesn't matter who "plays it safe" or is more aggressive.

Answer 6

Neither is guilty of 'negligence'.

The other questions are personal and not relevant.