James Ray Clark v. UNC Hospitals, et al.
IF A DOCTOR PERFORMS EMERGENCY SURGERY ON A PETITIONER IN A COMA AND MAKES AN INCISION AT AN INCORRECT LOCATION, THEN STITCHES UP THE WOUND AND MAKES A SECOND CORRECT INCISION, HAS THE SURGEON COMMITTED A CRIMINAL ACT IF HE CONCEALS THE MISTAKEN INCISION?
IF A SURGEON NEGLECTED TO PROPERLY REVIEW PETITIONER'S IN COMA MEDICAL RECORDS UPON ARRIVAL AT HOSPITAL EMERGENCY ROOM ABOVE, RESULTING IN HIS NOT RECEIVING DAILY INSULIN FOR OVER 80-DAY PERIOD, CAUSING BOTH KIDNEYS TO SHUT DOWN, ENDING UP ON DIALYSIS FOR OVER ANOTHER MONTH, THAT CONCEAL THE SECOND NEGLIGENT ACT. HAS THAT DOCTOR COMMITTED A SECOND CRIMINAL ACT AND ENTITLING PETITIONER TO COMPENSATORY AND PUNITIVE DAMAGES?
AND
(3) WHAT IS THE DIFFERENCE?
Has the surgeon committed a second criminal act by concealing the mistaken incision location and performing a second corrective surgery?