The Issues of Medical Litigation: Negligence and Causation
In this case, the plaintiff was a newborn who suffered jaundice in May 23. Such illness did not disappear when he went to see a doctor, the defendant, in July 19. The plaintiff was diagnosed to suffering biliary atresia in July 24 and went on to do surgery for organ transplantation in July 26 in another hospital. The issues in this case are, firstly, whether the defendant was negligent in diagnosing process on the plaintiff, and secondly, whether the causation exists between the plaintiff’s misdiagnosis and the damage resulting in the surgery at issue. The court decided that the defendant was negligent in diagnosis but his misdiagnosis has no causation with the surgery of organ transplantation.