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Bolitho v. City and Hackney Health Authority [1996] 4 All ER 771 is an important English tort law case, on the standard of care required by medical specialists. It follows the Bolam test for professional negligence, and addresses the interaction with the concept of causation.
Sun Hudson case: United States Texas 2004 An infant is removed from life support against his mother's wishes. Baby K: United States Virginia: 1992 The mother of an anencephalic baby wishes to keep the child on life support perpetually. Jesse Koochin: United States Salt Lake City: 2004 Parents wish to keep a child on life support. Spiro ...
Likewise, damage can occur without negligence, for example, when someone dies from a fatal disease. In cases involving suicide, physicians and particularly psychiatrists may be to a different standard than other defendants in a tort claim. In most tort cases, suicide is legally viewed as an act which terminates a chain of causality.
A practice as to disclosure approved and adopted by a profession or section of it may be in many cases the determining consideration as to what is reasonable. On the facts of a particular case the answer to the question whether the defendant's conduct conformed to approved professional practice may decide the issue of negligence, and the test ...
Medical malpractice is a legal cause of action that occurs when a medical or health care professional, through a negligent act or omission, deviates from standards in their profession, thereby causing injury or death to a patient. [1] The negligence might arise from errors in diagnosis, treatment, aftercare or health management.
Case Ruling Right 1978 Rennie v. Klein: An involuntarily committed, legally competent patient who refused medication had a right to professional medical review of the treating psychiatrist's decision. The Court left the decision-making process to medical professionals. 14th 1990 Washington v. Harper
This is negligence per se. There is no negligence per se doctrine in federal law. Four elements are deemed necessary for a statute to apply in a negligence case. First the person harmed must be a member of the class of persons which the law was intended to protect. Second, the danger or harm must be one that the law was intended to prevent.
The claimant was a woman of small stature and a diabetic under the care of a doctor during her pregnancy and labour. [2] The doctor did not inform her of the 9-10% risk of shoulder dystocia, where the baby's shoulders are unable to pass through the pelvis among diabetic women as she viewed the problem being very slight and believed a caesarean section was not in the claimant's interest.
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