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Theories of liability

Question Description

NOTE: Your response must be limited to FOUR (4) pages. Be sure to respond to each part of each question.

A surgeon performs elective surgery on John Smith. Smith later complains to his surgeon about pain resulting from the surgery. His surgeon dismisses his complaints as not credible and eventually withdraws from the case. Smith is then treated by another surgeon, who determines that Smith developed complications from surgery and that the delay in treatment has made the complications worse. Smith sees an attorney about a possible lawsuit against the first surgeon. Name the causes of action and, using the facts provided in the scenario, explain the corresponding theories of liability that could support a lawsuit under these circumstances. Make sure to mention what elements a plaintiff would have to prove in each cause of action to support that theory of liability. Be sure to use citations in support of your assertions. You may cite cases or information you find on your own, so long as they are from a reputable source.

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