048. Artificial parts

A discussion on what is replaceable. 


Questions to ponder

  1. If a prosthetic is harmed, is it a form of property damage or a personal injury? For example, imagine an individual with a prosthetic limb is in a car accident in which the prosthetic is damaged, should compensation for this “loss of limb” be for property restitution or injury coverage?
  2. In The Tin Man of Oz, we are told that the Wicked Witch of the East enchants Nick Chopper’s axe so that it lops of parts of his body to prevent him from marrying Nimmie. A tinsmith replaces each lost part with tin until he is all tin – a Tin Man! Not content with just this wickedness, The Wicked Witch assembled each of Nick’s severed parts into a whole man, named Chopfyt, who Nimmie has wed. Did Nick marry Nimmie?
  3. An internal alarm for an implanted medical device with an individual starts to go off. It is not loud, but can be heard within a few feet. It makes a a short chirp every 33 minutes. It continues to sound for two years. (A) It requires an invasive procedure which your insurance does not cover and which you cannot afford. (B) The company who manufactured it went out of business a couple years back. (C) As it is not a “life-threatening” malfunction, the company that acquired the company that developed the original device claims no liability and will not cover repair or replacement. What is to be done?

Readings to consider