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The plaintiff argued that the defendant negligently injured the recurrent laryngeal nerve. However, the defendant claimed that the laryngeal was not severed. The rule of identifying negligence in this case is through expert opinion. The doctors argued that the method used by the plaintiff was appropriate. The trial court directed verdict on the defendant on specific negligence issue.
The plaintiff illustrated the applicability of res ipsa loqoitur doctrine. The defendant claimed that the second foundation fact involving res ipsa loqoitur is absent due to the fact that it doesn’t lie in laymen’s common knowledge. This is in reference to injury occurring during cervical fusion surgery, because of inadequate care. The trial court refused to submit it; there wasn’t basis for the application of res ipsa loqoitur.
The defendant claimed that there was adequate evidence on the issue of trespass or battery. She alleges that four vertebrae were fused, together with the defendant’s assurances and inability to warn her on related hazards. However, the defendant claimed that the defendant was given adequate advice on her health problem and the scope of the corrective surgery. The trial court found out that the trespass theory in this case is inadequate to the applicability to the surgery in which the patient did not consent.
The trial court maintained the motion of the defendant for directed verdict. The trial court held that there was insufficient evidence to defend jury consideration of the case based on the four pleaded theories.
Will the defendant continue the treatment of the patient, given that other medical services providers have refused to accept plaintiff as their patient? Is the refusal by hospitals like Herrick and Alta Bates to offer medical services to the patient amount to refusal to offer emergency medical services?
A medical practitioner, who has provided the patient with adequate notice of termination, is not obliged to
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Marbury v. Madison 5 U.S. (1Cr.) 137 Vote: 4-0 I. Facts of the Case: On the last day of his term as president, John Adams appointed 16 Federal circuit court judges and 42 justices of the peace to the District of Columbia. William Marbury, the claimant, had been one of the appointees.
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