Crystal goes to a new doctor, I. Greedy, and fills out all of the intake paperwork before her first visit.

Crystal goes to a new doctor, I.M. Greedy, and fills out all of the intake paperwork before her first visit. She then has her appointment with Doctor Greedy, and complains of enlarged lymph nodes in her neck. Doctor Greedy only allows himself 4 minutes per patient, so that he can maintain his opulent lifestyle. He tells her it is nothing, and that she probably has allergies. Feeling confident in her clean bill of health, Crystal returns to her normal life. Unfortunately for Crystal, she has non-Hodgkins lymphoma, and her severely enlarged lymph nodes are a classic symptom. Had Dr. Greedy performed a full physical exam, he would have diagnosed Crystal at the time of the first exam and her treatment would have been swift and painless. Instead, Crystal gets sick and goes to another doctor 6 months later for a second opinion. By then, the cancer is quite advanced and Crystal must undergo a grueling series of chemotherapy and radiation treatments. After she miraculously pulls through, Crystal sues Dr. Greedy. He defends, in part, by producing the intake paperwork she filled out. It turns out that on the back of the “Patient Information” sheet in very fine print is the following statement: “Dr. Greedy is not liable for any misdiagnosis or other malpractice. The patient is ultimately responsible for their own care. Medicine is an art, and not science. That is why it is called practicing medicine. You use our services at your own risk.” Who should win, and why? Fully discuss all relevant legal issues







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