The patient did sue the doctors insurance policy in a separate case, McGee v. U.S. Fidelity & Guaranty Co., 53 F. 2d 953 (1st Cir. 1931). The court ruled that the insurance policy did not cover the “special contract” promising a perfect hand. I wasn’t able to find a suit for negligence against the doctor. Unfortunately I don’t know enough about the history of the tort of negligence as applied to doctors, but I suppose the doctor didn’t violate any standard of care. You might think of it like this: the promise he made was above and beyond even what insurance would cover, and so that promise of a perfect hand was a promise to go way above and beyond the standard of care for negligence. We often speak of contracts and making voluntarily liabilities and torts involuntary ones. Perhaps although the doctor created a voluntary liability by offering a perfect hand the law would not impose additional involuntary liabilities for failing to meet that lofty promise.
Thanks for the video
I forgot the justification, but why couldn't he sue for medical negligence!?
The patient did sue the doctors insurance policy in a separate case, McGee v. U.S. Fidelity & Guaranty Co., 53 F. 2d 953 (1st Cir. 1931). The court ruled that the insurance policy did not cover the “special contract” promising a perfect hand.
I wasn’t able to find a suit for negligence against the doctor. Unfortunately I don’t know enough about the history of the tort of negligence as applied to doctors, but I suppose the doctor didn’t violate any standard of care. You might think of it like this: the promise he made was above and beyond even what insurance would cover, and so that promise of a perfect hand was a promise to go way above and beyond the standard of care for negligence. We often speak of contracts and making voluntarily liabilities and torts involuntary ones. Perhaps although the doctor created a voluntary liability by offering a perfect hand the law would not impose additional involuntary liabilities for failing to meet that lofty promise.
I would've said the operation was not completed yet. I would pay for hair removal electrolytes.