Bang v. Charles T. Miller Hospital

Bang v. Charles T. Miller Hospital - Rational: The doctor...

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Bang v. Charles T. Miller Hospital 251 Minn. 427 (1958) Fact: Operative Facts: This is a case between a patient and a doctor. The patient came in because he had problems urinating. The doctor told him that they would take a look at it, and asked if they could proceed to operate if they found anything. He agreed, but in his mind, he thought that they would only do things with his bladder. The doctor eventually during the operation cut his spermatic cord, causing him to be sterile. There was no extingient circumstances, however, if it wasn’t cut, then there would have been a risk of infection from the operation. Issue: Was there enough evidence for a jury to decide if the act consitute as a battery. Rule: Battery is an unlawful act that causes offensive or harmful touching, without consent
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Unformatted text preview: Rational: The doctor had a chance to get the consent of the patient or was able to give the patient a reasonable option before causing pernament harm to him, making him sterile. There was no estingient circumstances. Also, whether or not there was consent was questionable. Holding: Narrow: If there is no exigient circumstances for a doctor to operate and there is an alternative action that he could take, he must inform the patient, so the patient can make the decision, when there is no clear acknoledgement of consent Broad: If the circumstance is not life or death, and if there are alternatives in how a situation can be handled, which can cause pernament harm, then there must be consent by the victim before the situation can be handled. Synthesis: Dissent/Concurrences:...
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This note was uploaded on 12/20/2011 for the course TORTS 131 taught by Professor Keller during the Fall '11 term at Western State Colorado University .

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