Case law update: Care must be taken when apologies are made
✍ Scribed by John C. West
- Book ID
- 102351269
- Publisher
- Wiley (John Wiley & Sons)
- Year
- 2012
- Tongue
- English
- Weight
- 385 KB
- Volume
- 31
- Category
- Article
- ISSN
- 1074-4797
No coin nor oath required. For personal study only.
✦ Synopsis
After the surgery, Dr. Knapic stated that he "nicked" an artery, although Ms. Davis's husband alleged that Dr. Knapic severed the common iliac artery and lacerated the iliac vein during the procedure. Mr. Davis also alleged that Dr. Knapic failed to diagnose and treat the condition a timely way. Ms. Davis died following the procedure. She was 49 years old.
According to later testimony, Dr. Knapic told the family what had happened, told them that he was sorry, and told them that he took full responsibility for Ms. Davis's death.
Ms. Davis's husband, the administrator of her estate, brought suit for wrongful death. Testimony at trial indicated that Dr. Knapic took responsibility for the outcome, but the jury never heard that he had said he was sorry. The jury also saw autopsy photographs that allegedly depicted how Ms. Davis looked when Mr. Davis saw her for the last time. The photographs showed Ms. Davis with a laceration that extended from below her sternum to just above her pubis. Finally, the judge, of his own volition, instructed the jury that they were not to speculate about whether Dr.
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