The Facts The facts of this case are fairly simple. On the 27th of November 1986, the first appellant, CES attended Superclinics where she was looked at by Dr Nafte, the second respondent. CES was a young woman, only 21 years old, who was studying photography full-time. CES did not have vast financial resources as she could only work part-time. When CES began her first consultation with Dr Nafte she claimed that she had missed her period and was worried that she might be pregnant. She claimed that, if it was found that she was pregnant, she would immediately seek to have her pregnancy ended by way of an abortion. According to CES, and disputed by Dr Nafte, Dr Nafte sent CES home and told her to return if she did not get her period within the next week. As she did not get her period, she once again returned to Superclinics and was seen to by Dr Nafte. Again she stated that, if it was found that she was pregnant, she would immediately seek a termination. Dr Nafte took a blood test in order to determine whether or not CES was truly pregnant. The blood was sent to Omniman Pathology Services and a result was returned to Superclinics a day later. CES claimed that she was then told that her blood test came back negative and that, when in fact she was pregnant, that she was not pregnant. Shortly thereafter, CES returned to the clinic for the third time as she still had not received her period and was worried that she was pregnant. She again stated, to Dr Nafte, that if she
1. A pregnant woman lacked standing to sue over a law’s potential unconstitutionally since the law applied to medical practice (and not patients) (Dawn Stacey M.Ed, n.d.)
Every time she went, she ended up not pregnant. At the last visit to the doctor, her test results got
Husband and wife, Gary and Renna Pehle were infected with HIV at the time they applied for life insurance with Farm Bureau Life Insurance Company. The couple did not know they were infected with HIV at the time. The insurance company ran blood tests from the Pehles. The Pehles then signed a contract form which was given to them by a Farm Bureau agent. A nurse from Farm Bureau watched as the Pehles signed the contract. Blood samples were sent to a third-party laboratory called LabOne. Farm Bureau then sent a notice to the Pehles rejecting them from their life insurance policy, which advised the couple that if they wished to have their application reviewed to contact their physician. The Pehles did not take any action in doing so. Two years past and Renna Pehle is confirmed to have AIDS. The Pehles then sues Farm Bureau, LabOne, and LabOne’s medical director Dr. J. Alexander Lowden for negligence, for failing to tell them they were HIV-positive.
On December 8, 1993, 14 days after the recommendation of a cesarean section or induced labor, Doe is examined again by Dr. Meserow, and he is still holding fast to his diagnosis. Doe continues to state that she refuses on the grounds of religious reasons. However, Doe agrees to be seen by another doctor the following day. That same day, December 8, 1993, Dr. Meserow and the St. Joseph’s Hospital call the
Contrary to the alleged, Dr. Brock refuted the claim, defending that he never established a doctor-patient relationship with Anita, which relieves him of liability. In order to validate his refute, Dr. Brock provided four factual elements that were supported by his counterparts; Dr. Whitfield and Dr. Ketcham. The four elements that were presented in the affidavit included: (1) That there has never been a doctor-patient relationship between Dr. Brock and Anita Oliver, (2) Dr. Brock has never seen or talked to Anita or Cathy Oliver, (3) Dr. Brock was not employed, engaged or requested to serve as a consultant to treat Anita, (4) and Dr. Brock was not employed or engaged to consult with doctors treating Anita, concerning complaints or medical problems. In order to support Dr. Brock’s refute, Dr. Whitfield and Dr. Ketcham provided affidavit’s as
Jane Roe was not the only party involved also “James Hubert Hallford, a licensed doctor, was granted leave to intervene in Roe’s action. In his complaint, he alleged that he had been arrested previously for violations of the Texas abortion statutes, and that two such prosecutions were pending against him.”(410 U.S. 121)
The information obtained from the interview was different from the information stated on the written document obtained from the HCSS. Also, both Ileana and HCSS claimed that the staffs at the doctor’s office were a witness to the incident. SC called doctor’s office, they confirmed that they saw Ileana and HCSS; however they denied witnessing the situation at the office.
At the administrative hearing, the Department’s evidence was entered into the hearing record without objection. The Department’s Representative objected to the Appellant’s Exhibit A-1 being entered into the hearing record as evidence because the Department asked the Appellant if she had additional medical documentation that had not previously been provided and the Appellant indicated that she did not. The Appellant agreed that she did tell the Department’s Representative that she had no other medical information because she “did not understand the question”. The ALJ finds that the Department’s objection to Exhibit A-1 is overruled. Since Exhibit A-1 is verification from a credible source and verifies the Appellant’s
. The husband of the plaintiff file a petition to the court that his wife[plaintiff] is mentally ill and needs to have a court order directing the admission of her to the mental health hospital. The petition initiated by plaintiff’s husband is the order of the Wayne County probate court, and it is also appropriately certified by Doctors Wolodzko, who after appearing in her house and introducing himself as a doctor , and have a conversation with her in person that day and another day in telephone, determine that she is suffering from paranoid schizophrenia and Smyk. The court gave the order and the Plaintiff was taken by ambulance from her home to a private psychiatric
The Defendants Eugene Wong and Mary Wong had been hired to care for 3 month old infant, Kwok Wei by the infant’s parents, The Jiangs, due to heavy 12 hour-per-day workdays. Because of their workload, the infant’s parents felt 24-hour care was needed for their child, and therefore responded to a newspaper ad for care (advertised by the Defendants). Upon entering a legal, binding contract for care, The Jiangs were told that Defendant Mary Wong would be providing much of their baby’s care and that her husband, Eugene Wong, would also be tending to Kwok Wei’s needs as well. The agreement was that the infant would sleep in a crib located directly next to the Defendant’s bed. The Defendants were to provide care in their one-bedroom apartment, located in Manhattan, New York (New York Times, 1993). On the evening of July 3, 1988 The Jiangs visited their child for the first time (NY Times). Four days later (July, 7, 1988) about 6:30 am, Defendant Mary Wong placed a call to the infant’s father to inform him that his baby could not be awaken and that the baby was dead. At that time explained she that the baby had been crying the previous night continuously from about 12 midnight until 2:00 am, the baby had been given gripe water (a Chinese remedy), and eventually everyone went to sleep. Defendant Mary Wong also stated that when she and her husband awoke the next morning they found the baby unconscious and stated he had “turned black”. According to the police department’s
The case Stowers v Wolodzko presents complex issues concerning the liability of a doctor for actions taken following a person’s confinement in a private mental institution. During the mist of a martial conflict the husband called a psychiatrist to come to his home and evaluate his wife. A colleague, Dr. Smyk, and the psychiatrist, Dr. Wolodzko, arrived without explaining to the wife, Stowers, the purpose of the visit. Ethel Stowers was forcibly dragged from her home in ambulance and admitted to Ardmore Acres under the care of Dr. Wolodzko. During her 23-day stay, she was denied the right to write or receive letters, use the phone, or consult with an attorney. She refused treatment but was forced to submit. Dr. Wolodzko and Dr. Smyk signed
As the court case grew between the Children’s Hospital and the family of Jahi, question came about of other tests
In addition, court reporting restriction under the court of protection on family cases are also problematic when newspapers have inaccurately reported a case that has resulted in claims of miscarriages of justice at the hands of social workers, medical experts or the courts. For instance, in the case of Re AA (Compulsorily Detained Patient: Elective Caesarean) Moestyn J heard an application in the court of protection by the NHS trust for an order that it would be in the best interests of a seriously mentally incapacitated pregnant woman to have a baby delivered by caesarean section. However, since the judgments had not been published, in December 2013 the Dailey Telegraph published a story with the headline “Explain Why You Snatched Baby At Birth and the subheading provided that Judges order to social workers behind a forced caesarean .Consequently, Sir James Munby (the president of the family division) stated that
Despite being treated as a child of the family#, the issue of Mr L falling into an excess of £20,000 in arrears of child support led him to issue an application# for a declaration that he was not the father of A due to his time spent away from shore during his time serving in the Royal Navy. Mrs P had no personal objections to the DNA testing but did not consent on account of A’s objections.
At trial court, the judge deliberated that Dr. Scott was negligent for failing to show that the growth might not have been benign. The judge ruled the defendant was a breach of duty.