POL- Oct15

POL- Oct15 - Next week: read Jordan House vs. Menow and...

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Next week: read Jordan House vs. Menow and -Don’t find liabilty by statute -Read Dobson -Read Nesplin case Case Study: Reibl vs. Hughes -Nothing wrong with the way the operation was performed -44 years of age when he had the operation, plaintiff had a big stroke soon after causing severe physical problems as a result -Basis of law suite: if he had known more of the risks, he would not have had the operation -Plaintiff won at trial because the doctor breached his ‘duty to disclose’: nature of the operation and the attendant risks -Liability was found in negligence and in battery (intentional application of force without consent) -Ontario Court of Appeal ordered new a new trial for negligence only. Both sides appealed that decision -A doctor’s duty to disclose to a patient: must answer all patient’s questions and disclose all risks (material, special, serious even if remote possibility), and expected outcome, must take certain factors into account, if it’s an emergency- do they need immediate treatment? Doctor must explain to the patient in a way they can emotionally or intellectually understand -Experts were brought in to discuss statistical evidence of likelihood of risk; evidence given in a hypothetical way (only opinion evidence admissible in trial). Experts there to educate and assist, the
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This note was uploaded on 04/04/2009 for the course PHIL 2821 taught by Professor Klimchuk during the Spring '09 term at UWO.

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POL- Oct15 - Next week: read Jordan House vs. Menow and...

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