O mckeirnans case ds neg cause p to fracture her

Info icon This preview shows pages 26–27. Sign up to view the full content.

View Full Document Right Arrow Icon
o Mckeirnan’s case : D’s neg cause p to fracture her ankle, so she was hopping around. At one stage she realized she needed to go up the stairs without asking for help from others and was injured further. Is the d liable for the later injuries? Voluntary human act? Court held: yes. It was a voluntary human act. She wasn’t pressured. She knew she had to go upstairs to do stuff but that wasn’t enough pressure to deprive of a human voluntary act. It was a Novus. D liable for the hurt ankle but not the later injuries . To be a voluntary human act there must also be some understanding of the actor of the consequences that are likely, not entire understanding but some idea. Means that children when they do something they are not a Novus, don’t understand what happens. Theoretically can also apply for adults but harder to show that someone didn’t have an understanding. Intervening act is not deliberate but negligent as well? (2 acts of negligence). E.g. D’s negligent cause injury to your arm, drive to hospital and hospital is negligent too, causing you to lose your arm. 2 actions of negligence against you. Can defendant sue hospital for losing your arm, but is d also liable for u losing your arm? ( Mahoney v Kruschich (Demolitions) Pty Ltd (1985)) o Mahoney v Kruschich (Demolitions) Pty Ltd (1985): Issue this case deals with is : Is a D liable for consequence of later injury (subsequent injury) to p caused by neg medical treatment? YES! D will be responsible for loss of arm as well as break in arm. Workplace accident: D was an employee injured at work, works for d, went and saw a doc for treatment. Doc was negligent and made the injury worse. Was the d’s neg a Novus? HC said: if an injury is exacerbated by medical treatment, the exacerbation can be regarded as a foreseeable consequence for which the first d is liable. But that’s provided p was acting reasonably in seeking and getting that treatment. (E.g. if d (doc) does something that should be triggering alarm bells (smelling of rum or unclean using unclean instruments or assistance from someone that’s not a doctor (unless reasonable in those circumstances)) then not reasonable for p to continue on with the treatment). D will argue that it was not serious enough to get med treatment but that’s not for P to decide whether their injury was serious enough or not. Doesn’t matter whether injury is related to initial injury (E.g. instead of treating arm neg doc takes out kidneys, D1 is still liable!). Courts take into account knowledge of p, is it reasonable by what they know to sit there and be treated by doc (E.g. if they know what doc is doing is wrong). Reasoning of judges as to why D1 would still be liable: the original injury carries some risk that med treatment will be given negly.
Image of page 26

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 27
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern