Question

A physician says to his patient, Gwen, "I guarantee you a 100% good hand after surgery." Gwen had suffered from a bad hand for years because of an injury. The physician had talked to Gwen over the course of several months, suggesting the surgery to her because it involved a kind of surgery of particular interest to the physician. Through his negligence, the physician makes the hand even worse after surgery that it was before. He is liable

A. In tort.
B. On an express contract.
C. On an implied contract.
D. All of the above.

Answer 1

The physician could be liable for negligently worsening Gwen's hand under an express contract due to the specific promise made, in tort for professional negligence, and on an implied contract for the expectation of professional care, indicating 'D. All of the above' as the likely correct answer.

Step-by-step explanation:

In the scenario described, where Gwen's physician negligently made her hand worse through surgery after promising a "100% good hand," the physician may be liable for several reasons. Given the guarantee of a specific outcome, Gwen may have a case for liability under:

• An express contract because the physician made an explicit promise about the surgery's outcome.
• Tort, specifically for professional negligence or malpractice, because the physician failed to provide the standard of care that a competent professional would have provided.
• An implied contract, because there is an understanding that the physician will perform the surgery to the best of his ability and not make the condition worse.

Considering the above, the correct answer would most likely be "D. All of the above." since the physician could potentially be liable on multiple grounds, including tort and both express and implied contracts. Situations like these underscore the complexity of the legal and ethical issues surrounding medical procedures and the importance of accountability in healthcare.