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Dr. Lopez informed Mr. Garcia about the risks and benefits of bone marrow transplantation for his chronic myelogenous leukemia, including the possibility of developing graft versus host disease. After the transplantation, the patient develops graft versus host disease, which is hard to control. The patient learns that there is an alternative treatment called imatinib (Gleevec), which does not include the risk of graft versus host disease, but which will not cure the leukemia. The patient files suit against Dr. Lopez. What will be the most likely outcome of the suit?

A) The patient wins the lawsuit.
B) The lawsuit is dismissed.
C) Dr. Lopez is charged with medical malpractice.
D) The case is settled out of court.

1 Answer

4 votes

Final answer:

The likely outcome of the lawsuit against Dr. Lopez depends on whether the risks and alternatives such as imatinib were adequately communicated. If they were, the lawsuit might be dismissed, otherwise it may lead to charges or an out-of-court settlement.

Step-by-step explanation:

Graft-versus-host disease (GVHD) is a potential complication following a bone marrow transplant, which is used to treat diseases such as chronic myelogenous leukemia. GVHD occurs when the donated bone marrow contains lymphocytes that mount an immune response against the recipient's tissues. Addressing the query about the lawsuit against Dr. Lopez, the most likely outcome would depend on the specifics of the case, such as whether Dr. Lopez informed the patient of all relevant risks and benefits, including the alternative treatment with imatinib (Gleevec). If Dr. Lopez provided all the necessary information for informed consent, then the lawsuit is likely to be dismissed (B). A lack of informed consent could lead to a successful lawsuit or medical malpractice charge. Similarly, an out-of-court settlement (D) could occur depending on the case dynamics and the inclination of either party to avoid the court trial.

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