Question

Ryan wakes up later in PACU. Sitting up and stretching he looks over and sees his reflection in the chrome paper towel holder next to his bed. With horror he sees that his bald spot is filled in with hair but everything else is hairless. Sputteringly he yells at the recovery nurse, "What the heck is this?!? I wanted my bald spot filled in but not the rest of my hair shaved!!" The nurse looks at his chart. "That’s not shaved, that’s lasered! The rest of your hair outside that circular patch on the back is gone forever. Don’t you like it? It’s the reversed monk look. All the kids are doing it!"

Ryans voice gets even louder. "I never wanted this!! This has got to be negligence!! Or maybe its an intentional tort. Im suing for something!"

Knowing you had 1 semester of health law, Ryan asks YOU what he should do.

A. CAN HE REASONABLY PURSUE A LAWSUIT ALLEGING NEGLIGENCE, AN INTENTIONAL TORT, SOMETHING ELSE OR SHOULD HE JUST DO NOTHING?

B. PROVIDE SUPPORT FOR YOUR ANSWER TO PART A ABOVE.

C. IF HE CHOOSES TO SUE FOR NEGLIGENCE WHT ELEMENT MUST HE PROVE? WHAT ELEMENTS MUST HE PROVE IF HE SUES FOR AN INTENTIONAL TORT AND WHICH TORT MIGHT HE ALLEGE?

D. USING JUST THE FACTS PRESENTD IN QUESTIONS 1 AND 2, WHAT DO YOU RECOMMEND RYAN SHOULD DO? WHY?

Answer 1

Ryan may have a potential claim for negligence or an intentional tort against the recovery nurse who performed the unsolicited laser procedure. To prove negligence, Ryan would need to establish duty, breach of duty, causation, and damages. If pursuing an intentional tort claim, Ryan would need to prove that the nurse intentionally performed the laser procedure without consent.

Step-by-step explanation:

Ryan may have a potential claim for negligence against the recovery nurse. To prove a claim of negligence, Ryan would need to establish four elements: duty, breach of duty, causation, and damages. In this case, the nurse may have breached the duty of care by performing a procedure without Ryan's consent. Ryan could also potentially pursue a claim for an intentional tort, such as battery, if he can prove that the nurse intentionally performed the laser procedure without his consent. However, it's important to note that this analysis is based solely on the limited facts presented in the questions and a thorough evaluation of the circumstances would be needed to provide more accurate advice.