Essay, 2 pages (500 words)

Business law class

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Business Law In the given case study, both Dr. Dogood, and the manufacturer of the ECR are the major culprits. Dr. Dogood has not checked the equipment well before the surgery and found problems only just before the surgery begins. Even though he has realized that a burn would result because of the defective machine he has decided to continue the proceedings for the surgery. The doctor’s action is morally right if the patient’s condition was critical. For a doctor saving a life is the most important thing rather than preventing a slight injury. In that sense, the doctor’s action was fully justified if the patient was in an emergency condition and the delay of surgery would have caused threats to his life. On the other hand, if the patient’s condition was not critical, the doctor could have considered the postponement of the surgery for a while. So before declaring the doctor as a culprit we need to know the exact condition of the patient before the surgery.
On the other hand the ECR manufacturer certainly deserves punishment. There is no doubt about the crime committed by the ECR manufacturer. It is the manufacturer’s responsibility that to ensure the quality of their product before introducing it to the market. If the users of a product suffer injuries or damages due to a product, they have every right to sue against the product manufacturer.
In my opinion, the nursing staff, and the anaesthesiologist have nothing to do with this problem. Nursing staffs normally work as per the instructions of the doctor. If the doctor asks them to do something they should obey it. For example if the doctor asks the nurses to inject certain medicine to a patient, they should do it. Same way, if the doctor asks them to use an instrument they should use it and the doctor is the responsible person if any problem occurs.
Anaesthesiologist is also not responsible for the above problem. The duty of the Anaesthesiologist is related to the anaesthesia given to the patient. If the patient develops any problems due to overdose or under dose of anaesthesia, Anaesthesiologist needs to take responsibility for that. But in this case, no such incidents were reported and the anaesthesiologist cannot be sued by the patient.
On the other hand the patient can consider suing against the hospital authorities or management also. Hospital management is responsible for the damages caused to a patient by the defective equipments. It is the duty of the hospital management to purchase better quality products and to keep all of them in proper shape. In this case, hospital management failed to purchase good products and moreover a patient suffered damages due to such defective equipment in that particular hospital. So, hospital management is definitely one among the culprits.
In short, in my opinion, the hospital management, the ECR manufacturer, and the doctor (depends on the condition of the patient) are the major culprits and the nurses and the anaesthesiologist were innocents.

Thanks for your opinion!
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