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Candler v Persaud Case Solution

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This case revolves around the failed surgery of a patient suffering from gallstones problem, which had to undergo a laparoscopic laser cholecystectomy surgery. Dr. Freeman performed this surgery on February 20, 1990, but could not save the patient’s life. Dr. Freeman had completed a workshop on February 10, 1990, and was awarded a certificate based on which he was allowed to perform this surgery. Later on, a complaint was registered by patient estate administrator saying the doctor was negligent while performing the cholecystectomy surgery and hence caused patient’s death. This complaint also indicated that the hospital had also been negligent and should not have let the doctor perform this surgery because of lack of required standard training and experience.

Following questions are answered in this case study solution

  1. Introduction

  2. Laparoscopic Laser Cholecystectomy Surgery

  3. Reviewing Physicians Credential

  4. Steps to Ensure a Physician’s Competency

  5. Conclusion

Case Analysis for Candler v Persaud

2. Laparoscopic Laser Cholecystectomy Surgery

Laparoscopic cholecystectomy surgery is a slightly invasive operating technique for the removal of the gallbladder. This surgery type is normally performed using a common anesthesia. During the surgery, the abdomen is inflated by using CO2 (carbon dioxide) to create room for surgery. A laparoscope is put into the abdomen from a small cut made at the naval of the patient's body (Bailey & Love, 2008). It was introduced in the United States in 1989 for the first time and was still new, for the year (1990) when according to this case it was performed and has proved to be an extraordinarily safe and operative means of handling cholelithiasis. The death and injury rate occurring from this procedure are less than 1% and its long-term effects are amazing. And it is usually performed on outpatients that mean it is a quick procedure (Cameron & Gadacz, 1991).

3. Reviewing Physicians Credential

According to the details of the case the physician had received the certificate on February 10, 1990, and as mentioned above this surgery procedure was newly introduced at that time, it clearly describes that the doctor neither had experienced nor was he totally familiar with the procedure. Also as mentioned above this procedure is safe and effective and has a mortality and morbidity rate of less than 1% and yet the patient, in this case, died during the surgery cause of blood loss. This scenario clearly describes that Dr. Freeman’s credentials did not match with the requirement for performing this surgery. Also as per the case, he was given a temporary privilege to perform it, means he wasn’t at all trained or had practiced for this before. He hadn’t completed an extended training program where he would’ve learned to perform this new technique for removing the gall bladder (Deutsch, 1999).

4. Steps to Ensure a Physician’s Competency

It is the duty of all health care facilities to make sure that their employees are eligible to perform a surgery that they are asking for. It is a hospital’s responsibility to check all the documentation to ensure the authenticity of the source. Even if a surgeon is had a good educational background it is a hospital’s responsibility to make sure the physicians has been through extended training sessions and practices of a particular surgical procedure before he is allowed to perform on a patient (Pozgar, 2014). All the information and practice sessions should be repeated enough times in order to ensure that physician knows them properly.

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