Cal And Its Effects On The Loss Of His Legs Essay

The Plaintiff, Keller, sued the defendant, DeLong. DeLong was driving Kellers car at Tyngsboro, Massachusetts at approximately 11:40p.m. on April 14, 1963, DeLong collided with a utility pole at the side of the highway. The Trial Court ruled that the sole cause of the accident was the fact that the defendant dozed off to sleep and did not awaken in time to avoid collision with the pole. The driver showed no sign he was going to fall asleep. Defendant, Carl DeLong, suddenly and unexpectedly dozed at the time of the occurrence of the accident. Defendant, DeLong, was not found negligent. Vacated; reversed, affirming trial court’s judgment.

The Perin v. Hayne case involves malpractice in which the plaintiff, Perin sought damages on four theories specific negligence, res ipsa loquitur, breach of express warranty and battery. The surgery was successful at eliminating pain, however as a result the plaintiff suffered vocal cord paralysis. I believe that due care was shown because Dr. Hayne, the defendant, performed the surgery exactly the same way any other physician would under the same condition. Also, informed consent was exercised and there was no way to predict or prevent such occurrence. Dr. Hayne followed the standard of care and did not sway from it. There is no negligence because there was no evidence that the nerve was severed during surgery. The court found that

In the district court trial, the jury sided with the plaintiff and ruled that the St. Louis Hockey Club was vicariously liable for the plaintiff’s injuries. The trial court agreed with the plaintiff’s argument that as per the doctrine of respondeat superior, the defendant was liable for their employee’s negligent actions that led to the plaintiff’s injuries. As part of their

A dealer sold a new car to Raymond Smith. The sales contract contained language expressly disclaiming liability for personal injuries caused as a result of defects in the car and limiting the remedy for breach of warranty to repair or replacement of the defective part. One month after purchasing the auto, Smith was seriously injured when the car veered off the road and into a ditch as a result of a defect in the steering mechanism of the car.

Brohawn, supra, 276 Md. at 399. Subsequently, the other party to the altercation filed an action against Brohawn seeking damages for intentional torts and negligence. Id. at 399-400. Transamerica, Brohawn’s insurer, refused to defend Brohawn on the grounds that her coverage contained a policy exclusion whereby Transamerica was not responsible for intentional conduct. Id. at 400. Thereafter, Transamerica initiated a declaratory judgment action, in the same court, seeking to have the court declare that Brohawn’s conduct was intentional, and, therefore, fell within the policy exclusion. Id. at 401. The circuit court dismissed the declaratory judgment action because “the question of coverage would be ‘determined by the jury’s verdict in the tort suits]. . . .” Id. at

malpractice and negligence. The Darling's (Plaintiff) felt that the hospital, nursing staff and emergency room doctor all played an important part in the Plaintiff losing his leg due to neglect.

In Pennsylvania, a plaintiff claiming negligent infliction of emotional distress must establish one of these four situations: “1) that the defendant had a contractual or fiduciary duty; 2) plaintiff suffered a physical impact; 3) plaintiff was in a “zone of danger” and at risk of an immediate physical injury; or 4) plaintiff had a contemporaneous perception of tortious injury to a close relative.” Doe v. Phila. Cmty. Health Alternatives AIDS Task Force, 754 A.2d 25, 27 (Pa. Super. Ct. 2000). The first element does not apply to our client because there was no fiduciary or contractual duty relationship. Secondly, it could be argued that Nordlund suffered a physical impact because after Sumner’s accident, Nordlund could not eat, could not

With regard to Ms. Green’s claims against O’Brien, it is apparent that Ms. Green was O’Brien’s client, and that O’Brien owed Ms. Green a duty. Should this case proceed to trial we do not anticipate that we would argue to a jury that O’Brien did not neglect this duty. Rather, there are serious questions as to whether “the negligence resulted in and was the proximate cause of loss to the client.” Kendall v. Rogers, 181 Md. 606, 611-12 (1943). Indeed, the estate will have to demonstrate that Ms. Green would have prevailed in proving that one or both health care provider defendants committed medical negligence that caused her to fall into the diabetic coma.

In the article “Despite Counsel, Victim Is Hindered by tort laws.” The author Becca Aaronson, explains that sometimes tort laws may not feel fair. Connie Spears is just an ordinary woman who went to the Emergency because she felt some pain in her legs which she told the hospital she is known to have blood clots but, after being checked by the doctors they sent her home with a minor diagnoses. Just a short few days later she ended up in a different hospital with serious illness that caused her to loose both of her legs. She then filed a medical malpractice law suit but, she had to produce adequate expert reports within 120 days of filing their cases or she will be ordered to pay the defendants court fees. Connie Spears argues that

The claimant was involved in a serious work place injury on November 13, 2012. During the incident the claimant had a traumatic post left hip arthoplasty, muscle atrophy, knee surgery, and ultimately a left, below the knee amputation. In discussions with Attorney Larrabee he contends that the claimant has also sustained a specific loss regarding the right leg. As a result of the incident the claimant sustained a right lateral tibial plateau fracture, which was reduced with a plate and screw.

The driver of vehicle 1 stated that he was having neck and chest pain after the collision. I asked driver 1 several times if he want an ambulance, he refused each time I offered. Driver 1 stated that his granddaughter was on her way to transport him and his wife to the hospital. The front passenger stated that

“The fourth and final element of medical malpractice lawsuits is called damages” (). The expressed damages that result from the injury provide a way for the legal system to redress (). Therefore, “since monetary damages are easy to calculate and administer, courts hearing medical malpractice cases will determine money damages to compensate the injured patient” (). Reeves suffered with recovery from the burns and had to receive medical treatment to care for burn sites. The surgery was unsuccessful, so Reeves has to recover from liver transplant

Due to the incident of 11/20/11, the plaintiff is alleging she sustained significant injuries as result of the insured operator’s failure to properly park the bus. Since the date of loss and over a three year period, the plaintiff had undergone multiple surgeries involving the neck, back, both knees and left foot. The plaintiff has been diagnosis with multiple herniated disc of the cervical spine requiring a discectomy, multiple herniated disc of the lumbar spine resulting in a spinal fusion, right & left medial meniscus and ACL tears requiring surgical intervention and a metatarsal fusion of the left foot. In addition to the aforementioned injuries, the plaintiff has experienced ongoing episodes of depression and incontinence. .

In the Johnson v. Misericordia Community Hospital case, the plaintiff was scheduled to have a pin fragment surgically removed from his hip. Johnson’s femoral nerve and artery were severed during the surgery done by Dr. Salinsky. The physician was not

As requested, I have reviewed the facts of the above-captioned file, along with the applicable law and summarized same in this memorandum. Mrs. Mary Smith suffered an injury to her right ankle in an automobile accident on 10/3/95. After surgery and months of rehabilitation, Mrs. Smith still suffers daily. I have researched the facts regarding a personal injury action against Paul Joseph, as well as a medical malpractice action against the medical providers.