Is defendant liable for harm, maime, disfigurement, misuse patient trust, use extreme care, practice outside the realm of plastic surgery, fail to perform standard care for cellulitis/abscess, and perform a surgery without consent

Questions Presented 1. Is defendant liable for HARM, MAIME, DISFIGUREMENT, MISUSE PATIENT TRUST, USE EXTREME CARE, PRACTICE OUTSIDE THE REALM OF PLASTIC SURGERY, FAIL TO PERFORM STANDARD CARE FOR CELLULITIS/ABSCESS, AND PERFORM A SURGERY WITHOUT CONSENT by removing right breast tissue expander THAT WAS NOT INFECTED? 2. WHAT FORESEEABLE HARM caused TO PLAINTIFF DID THE Defendant consider before removing A “NOT” INFECTED TISSUE EXPANDER FROM _ PLAINTIFF’S RIGHT BREAST? 3. DID defendant HAVE TO REMOVAL TISSUE EXPANDER DUE TO PAIN? ; 4. DID defendant USE STANDARD CARE WHEN TREATING THE PLAINTIFF ON JUNE 25; 2012 when removing an abscess at bedside? 5. DID defendant USE STANDARD CARE WHEN TREATING PLAINTIFF ON JUNE 28, 2012, without consent, BY REMOVING THE RIGHT BREAST TISSUE EXPANDER? 6. DID Defendant CONSULT WITH Plaintiffs RADIATION DOCTOR BEFORE REMOVING TISSUE EXPANDER? : . Zi Page : Civil Action No: Andrea Tootle v. Nia Banks & HCA-05-343 Beaux Art Institute of Plastic Surgery JFM-17-1684 ‘a 1:17-cv-01684-J FM (4t Circuit Appeals) 18-1506 7. What is standard care for breast cellulitis on not radiated skin? on radiated skin? , 8. What is standard caré for breast abscess on not.radiated skin? on radiated skin? 9. How IS. HEALING impacted on radiated skin? 10. What is standard care for breast cellulitis and abscess on radiated skin? ; 11. What percentage of breast cancer patients are affected with infections before, during, and after conservation therapy, like radiation? High or Low % 12. What medical action of duty constitutes extreme care for the treatment of cellulitis and abscess on NOT radiated skin? 13. What is the best way to medically manage a treatment-related problem for pain associated with radiated skin, cellulitis, and abscess I/D? 14. Did the defendant practice care outside the speciality of plastic surgery when ’ removing the tissue expander from plaintiffs radiated right breast? 3 [| Page : Civil Action No: Andrea Tootle v. Nia Banks & HCA-05-343 a Beaux Art Institute of Plastic Surgery JFM-17-1684 il 1:17-cv-01684-JFM 4 (4% Circuit Appeals) 18-1506 15. Why did the Plaintiff go to the emergency room? ; 16, What was the Plaintiffs duty of care to protect from harm? 17. Why was the Plaintiff admitted to the hospital? : _18.What were the Plaintiff's symptoms and signs indicating cellulitis? 19. How was cellulitis identified and treated? 20. What contributed to the Plaintiff developing cellulitis & abscess? 21.How deep was the Plaintiffs cellulitis infection? superficial or deep layer 22, What alternatives are available for treating cellulitis and/or abscess? 23. What was the root cause of pain? 24. How was the Plaintiffs abscess treated? 25. Where was treatment for Plaintiff's abscess administered? 26. What is I and D at bedside as stated on June 25, 2012 consultation? 27.Why was a bedside I and D performed, rather than in Operating Room? 4| Page Civil Action No: Andrea Tootle v. Nia Banks & HCA-05-343 Beaux Art Institute of Plastic Surgery JFM-17-1684 ‘es 1:17-cv-01684-JFM : (4% Circuit Appeals) 18-1506 ‘ef 28. How do tissue expanders (plastic) get infected? 29. What percentage of patients are affected by infections of tissue expander (implants)? 30. How would removing a tissue expander from breast help reduce pain? 31.What was the defendants’ duty of care when treating cellulitis, abscess, and questionable infection of tissue expander? 32. How did the plaintiff respond to I/V antibiotic therapy in the hospital? 33. How did defendant provide standard care for cellulitis to the Plaintiff? : 34. Why did defendant write a false medical progress note and operative report found in plaintiffs medical file claiming consultation with plaintiff about radiation burn, or pain? 35. When defendant claims removal of tissue expander will reduce pain, how might the pain be reduced? 36. Did defendant’s claimi to reduce pain (as noted on false progress note) by removal of tissue expander come byway of plaintiffs radiation docto