“The issue in dispute, in this case, starts off with the minor plaintiff J.M.F visiting Dr. Duran for an assessment. Dr. Duran misdiagnosed the condition of J.M.F, causing him to have two meningitis attacks that were very life-threatening. …show more content…
Duran towards J.M.F and the painful experience he had to face because of these careless mistakes. Especially with the misdiagnosis causing the two meningitis attacks, the plaintiff's definitely have a strong argument against Dr. Duran. “With the misdiagnosis aside, there was negligence involved in a surgery Dr. Duran performed on J.M.F as well. Medical records show that J.M.F was not given any antibiotics before a surgery to remove a cyst in San Antonio Hospital. Additionally, Dr. Duran did not prescribe any antibiotics throughout or afterward the surgery (Rive, 2016).” Now having two reasons to be against Dr. Duran, I understand the plaintiff's point of view and their feelings towards this issue. In my opinion, I can slightly comprehend the misdiagnosis on J.M.F because it is a common mistake to happen in hospitals. However, I do not comprehend the fact that Dr. Duran ignored giving any antibiotics to J.M.F. Juan and Samara are the parents’ of J.M.F, and they blame everything on one person and one person only - Dr. …show more content…
This means that Dr. Duran did not see a purpose for this case because he was already guarded by rules and regulations. “The Puerto Rico Insurance Code states in Article 41.05 that “No healthcare professional (employee or contractor), may be included as defendants in a civil action of claim for damages for professional malpractice guilt or negligence caused in the performance of their profession.” This means that even though Dr. Duran provided his services for J.M.F in the wrong way, he isn’t held as a defendant for the malpractice in this service. The Puerto Rico Insurance Code additionally states in Article 41.05 that “No health professional whatsoever, either employee or contractor, may be included for the performance of his profession in the compliance of his duties and functions.” This means that the actions of Dr. Duran are fully protected and should not apply to his service as a physician (Rive, 2016).” The Puerto Rico Insurance Code practically gives Dr. Duran a way to get himself out of this case, which I feel is unfair towards the plaintiff's because their son went through too much pain for his