In July 1991, a surgeon at the Osteopathic Medical Center in Fort Worth, Texas, removed the cancerous right lung of Benjamin H. Jones, Jr., age 59 years. Unfortunately, an altered test report and prodding by a colleague during the operation led to removal of the wrong lung. After the pathology examination confirmed that a healthy lung had been removed in error, no one informed Mr. Jones as to what had happened. Court records demonstrated that a top official at the hospital was informed of the discrepancy between the cancer screening and surgery results.
The official stated that he relied on the doctors to inform Mr. Jones of the mix-up. Two medical experts swore that Mr. Jones would have had a 60% chance of survival, even with only the cancerous lung, if he had received radiation therapy. At the time of the surgery, the cancer had not spread past the tumor. Mr. Jones died in February, 1992. The Jones family settled out of court for $5.5 million with seven defendants in a wrongful death suit. Along with 20 other defendants, the hospital declined to settle. Mr. Jones had begun smoking in his teens and had quit
after suffering a heart attack about 7 years before the surgery.
Questions
1. What was the breach of law in this case?
2. In your opinion, who was legally responsible for Mr. Jones' death and why?
3. What safeguards might be used to prevent this type of mistreatment in a hospital?