HESA 6305 Study Guide - Midterm Guide: Gastroenterology, Peptic Ulcer, Contributory Negligence

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Bg is very effective at treating stomach ulcers, but one of its side effects is an increased risk of having a heart attack. This drug had at one time been the conventional drug treatment for stomach ulcers. Although a small percentage of gastroenterologists continue to use bg for treating ulcers, the mainstream of gastroenterologists prescribe a different medication called drug xyz that protects the tissues of the stomach without blocking a person"s a(cid:272)id produ(cid:272)tion. Steve took bg for a month and then experienced a severe heart attack. Although he survived the heart attack, his heart was permanently damaged; as a result, steve is expected to die of heart failure before he reaches his 40th birthday. Steve wants to know if dr. woolham could be held liable in the tort of negligence. Explain the answer you would give to steve if you were his lawyer. Only discuss the tort listed in question (in this case negligence)