Gilberto Hernandez and Ruth Elizondo v Schering Corporation, Schering-Plough Corporation and Victoria McGill decision by Appellate Court of Illinois, First District, First Division FACTS: Gilberto Hernandez and his wife, Ruth Elizondo, filed a complaint against Schering Corporation, Schering-Plough Corporation and Victoria McGill, R.N. The plaintiffs are seeking damages for bodily injuries because of loss of eye sight from use of a drug sold by Schering. The court granted the defendants’ motion for summary judgment as to six of the counts of the complaint but denied summary judgment on the remaining counts. Appeal was filed by the plaintiffs. December 2001, Mr. Hernandez, plaintiff, tested positive for Hepatitis C (HVC) AND exposure to Hepatitis A and B.
(2d) 243, 47 D.L.R. (4th) 18, 43 C.C.L.T. 62, awarding the plaintiff damages against the physician for battery and dismissing the action against the hospital. The judgment of the court was delivered by ROBINS J.A. :— The question to be decided in this appeal is whether a doctor is liable in law for administering blood transfusions to an unconscious patient in a potentially life threatening situation when the patient is carrying a card stating that she is a Jehovah's Witness and, as a matter of religious belief, rejects blood transfusions under any circumstances.I In the early afternoon of June 30, 1979, Mrs. Georgette Malette, then age 57, was rushed, unconscious, by ambulance to the Kirkland and District Hospital in Kirkland Lake, Ontario.
1 Vacco v. Quill 521 U.S. 793 Frank J. Head Jr. Ashford University POL 303 Instructor Kelli Callahan September 13, 2011 2 Dr. Timothy Quill, along with other doctors, argued that the New York state ban of physician-assisted suicide violated the Equal Protection Clause under the Fourteenth Amendment, which states that “no state would be allowed to abridge the privileges and immunities of citizens”. Although more than one physician had ties to this case the main parties involved were the attorney general of New York against Dr.Timothy E. Quill, Samuel C. Klagsbrun, and Howard A. Grossman. In 1997 New York law stated that it was a crime for physicians to euthanize patients; however the law allowed patients to refuse lifesaving treatment. After much deliberation ultimately the Supreme Court unanimously voted 9-0 that euthanasia in fact did not violate the Equal Protection Clause.
Legal and Ethical Case Study “Douglas Teen Commits Murder” Idris Rawls Westwood College The legal and Ethical case study I have chosen to research is concerning a Douglasville teenager who is suspected of killing his great-grandmother and critically injuring another grandmother with a sword. Gevin Prince is 15 years old, lives in Douglasville, Ga. According to Laura Prince, “she believes that the entire episode that had unfolded on this particular night, at her home on Spring Ridge Drive could have been avoided if Gevin Allen Prince would have received the more medical care for his behavioral problems” (Laura Prince, 2011, interview with Christopher Seward). Laura Prince stated that she had been trying to get long-term inpatient treatment for the 15-year-old, since she had gained legal custody of him since he was 5. The legal issue regarding this case is that Gevin Prince, now accused of murder, should and could have received more medical care for his behavioral problems.
DURESS BY THREATS INTRODUCTION The general nature of the defence of duress is that the defendant was forced by someone else to break the law under an immediate threat of serious harm befalling himself or someone else, ie he would not have committed the offence but for the threat. Duress is a defence because:- "...threats of immediate death or serious personal violence so great as to overbear the ordinary powers of human resistance should be accepted as a justification for acts which would otherwise be criminal." (Attorney-General v Whelan  IR 518, per Murnaghan J (Irish CCA) The defendant bears the burden of introducing evidence of duress and it is then up to the prosecution to prove beyond all reasonable doubt that the defendant was not acting under duress. If a defence is established it will result in an acquittal. 1.
Murray Bowen (1913-1990) was trained as a psychiatrist, and had originally practiced within the psychoanalytic model. From there, he focused on mothers in his investigation with schizophrenic clients, in which led him to think that the cause of schizophrenia stemmed from mother-child relationship creating an unhealthy relationship. Bowen began moving away from his psychoanalytic training in 1954 to focus on the aspects of families as systems. He began to include members of families into his practice with psychotherapy. Five years later, he went on to build the Georgetown Family Center where he remained as a director till his death.
But can this word describe Marilyn’s surroundings? One theory suggests that Marilyn wanted to attempt a fake suicide in order to gain more fame. She had told Peter Lawford her actor friend the ridiculous plan. Peter shared this plan to his brother-in-law John F Kennedy. Who was known for his affairs with Marilyn.
However due to actual risk of Vioxx, Merck & Co. voluntarily withdrew the drug from the market in 2004 (Wolsing Jennifer, p.214). In August 2005, Merck & Co. lost a lawsuit where it was accused for the death of Robert C. Ernst who died of taking Vioxx (Kaufman Marc, p.A.01). Throughout the Vioxx issue, most researchers have focused on the side effects of Vioxx and what consequences it brought, rather than the significance and validity of the evidence used in court. This paper will carefully examine if the scientific evidences used in the Vioxx litigation, including
This can be seen by the case of White (1910). in this case the defendant put cyanide into the victims drink how ever the defendant died from a heart attack before drinking the drink but the defendant was not the factual cause of death but still he was guilty of attempted murder. This is because the court held that the defendant had everything in motion to do his unlawful act. Another case illustrating factual causation is the case of Pegett (1983). In this case the defendant used his pregnant wife as a human shield.
Her mother and father insisted that the feeding tube be inserted despite her refusal to allow it. Her ex-husband wishes to uphold June’s decision. The hospital administrators seek risk management for legal counsel. Explain how the Patient Bill of Rights applies to this situation. A Patient’s Bill of Rights was adopted in 1973 by the American Hospital Association in order to be able to provide effective health care services that are fair to both patient and medical personnel.