We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Nobody downloaded yet

Case Report Hookey v. Paterno - Essay Example

Comments (0)
Summary
Case Study- Hookey v Paterno (2009) According to Hookey v Paterno (2009) VSCA 48, Dr. Stephen Hockey lodged an appeal, challenging a court ruling requiring him to compensate Daniela Peterno her $1,057,833 for a surgery gone bad. After consulting the doctor in 1997 in relation to an extraordinary class II malocclusion she suffered, Dr Hockey had Mrs Paterno undergo corrective surgery…
Download full paper
GRAB THE BEST PAPER

Extract of sample
Case Report Hookey v. Paterno

Download file to see previous pages... Based on her advanced age and smoking habits, the court established that chances that the surgery would lead to permanent nerve damage were high. Mrs Paterno suffered from nerve damage which the judges identified as a known complication of the surgery. The court found out that Mr. Hookey did not sufficiently inform Mrs Paterno of a rare possibility that the dental and facial operation could result to endless pain. According to the judges, Dr Hookey negligently advised Mrs Paterno to undergo surgery, failing to warn her in a manner she understood best of the risks involved. On the other hand, Dr. Hookey said that he warned Mrs Paterno that in 95% of cases the trigeminal nerve is injured, and that the plaintiff would expect to feel numb in her teeth, lip and chin after the operation. The court ruled that Mr. Hookey ought to have informed Mrs Paterno of very rare complications of non-union of the jaw or that the plaintiff may suffer from continuous pain as an unusual occurrence of nerve damage. The doctor had the duty to give her sufficient details in the simplest way so she would understand the risks involved. ...
The appellant was required to outline the possible consequences resulting from the treatment including numbness and a less likely outcome of continuous pain. According to Freckelton (1999) Dr. Hookey breached his duty of care by failing to adequately inform the patient of postsurgical risks. The judges emphasized the duty of care and its legal impact. Referring to Rogers v Whitaker (1992) HCA 58 the High Court stressed the legal duty to adequately inform patients of dire surgical consequences related to prescribed treatment. This duty complements the doctor’s privilege to perform corrective surgery on the patient. Procedures involved in treatment must be clearly explained to patients to enable them give informed consent on the treatment they receive. Concise information enables the patient to be more comfortable and prepares the patient for the anticipated experience. For a risk to be considered material, it needs to have great repercussions. Also, the chances of it actually happening need to be high and alternative treatments need to be present. Duty of care is the doctor’s obligation to ensure reasonable care when performing his duties (Ketley 2005, 656). Dr. Hookey was found guilty of negligence based on the following conditions: (1) he owed Mrs Paterno duty of care, (2) this duty of care was breached and (3) Mrs Paterno suffered an injury as a direct consequence of the breach of duty of care (Anderson 2006, 156). Dr Hooker was therefore found guilty of negligence as evidence indicated that he failed to sufficiently inform Daniela of the grave consequences related to the operation she underwent. This case emphasized the need to set minimum standards in the delivery of ...Download file to see next pagesRead More
Comments (0)
Click to create a comment
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC
Hewitt v Debus Case Note
Under the deed, Hewitt (Vendor) agreed to sell his shares and Debus (purchaser) would purchase the shares on a terms payments basis and she would occupy the site under license. Debus paid some of the money as agreed but she failed to pay $10,000, which was payable within six months since the execution date of the deed.
5 Pages(1250 words)Essay
Routledge v McKay Case
The research identified the issues of the case as the use of the written agreement as evidence without attaching the appropriate stamps under Section 14 of the Stamp Act of 1891; the use of the motorbike’s documents as prima facie evidence regarding the age of the vehicle; if the sale of the vehicle from one owner to the next represented innocent misrepresentation.
3 Pages(750 words)Essay
Case Brief: Wyeth v. Levine
In its injectable form, it can be administered either as a drip, known as an IV-drip, or as a vein-injectable, in a procedure known as an IV-push. It is known that Phenergan can cause gangrene when it is able to get into the artery of a patient, because of its corrosive nature.
3 Pages(750 words)Essay
R v Adomako, Law case
The appellant while in his duties in treating a patient with an eye ailment failed to notice that an oxygen pipe he had connected during an eye operation had been disconnected resulting in the death of the patient. The jury found him guilty of the offence of manslaughter after which he appealed and the Court of Appeal after which he moved to the House of Lords dismissed the case.
6 Pages(1500 words)Essay
Terry V Ohio case

According to the author, the Terry V Ohio case took place when a police officer stopped and checked three men because of their suspicious behavior. Occurring on October 31st 1963 when an experienced and old member of the Cleveland Police Department, Martin Macfadden, went patrolling downtown and saw two individuals acting suspiciously. 

8 Pages(2000 words)Case Study
Employment Law--Case Report [British Nursing Association v Inland Revenue]
Scope of employment defines the working areas of employee and employer. "Employment law is the body of laws, administrative rulings, and precedents which addresses the legal rights of, and restrictions on, workers and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers and employees.
10 Pages(2500 words)Case Study
Commonwealth v Schnopps Case
George Schnopps shot his wife on October 19 1979 after six months of strained relations. The defendant and his wife had been married for fourteen years. On a night out with his wife to a club, Mrs. Schnopps had spent the entire evening dancing with a co-worker of the defendant. This sparked an argument between the defendant and his wife.
2 Pages(500 words)Essay
Case analysisRead the attached report of Henthorn v Fraser [1892] 2 Ch 27 and answer the following questions:
It was held in this case that the acceptance had occurred as soon as the letter was posted. The courts stated that it must have been conceived by the respondent
4 Pages(1000 words)Essay
Case Brief - McGurn v Bell
Following several discussions with an official from Bell, Bell issued him with a contract devoid of the termination clause which he rejected. During one of these
2 Pages(500 words)Essay
Case Brief U.S v. Hinkley
Hickley was immediately arrested and subsequently faced trial for prosecution in the Legal Court of the Columbia district of the USA. Hinckley’s lawyers argued that he was suffering from schizophrenia and his actions were a result of
2 Pages(500 words)Essay
Let us find you another Essay on topic Case Report Hookey v. Paterno for FREE!
Contact us:
+16312120006
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us