Pinchin And Another V Santam Insurance Case Study
Mia Boddenberg
19792107
Tutor – Abbey MacFarlane
In the case of Pinchin and Another v Santam Insurance Co Ltd 1963 (2) SA 254 (W), the application of the nasciturus adage is questioned in the form of whether the child has an action to recover damages for pre-natal injuries. Judge Heimstra believes that in terms of the rule of Roman law, this can be applied and the child has an action to recover damages for the pre-natal injuries.
The background to this case shows that the mother was experiencing a normal pregnancy and at 6 months into her pregnancy, on the 28th of November 1959, was involved in a motor accident. The consequences of this accident were that the mother lost significant amniotic fluid, which had however stopped leaking once she reached the hospital. The doctors were unsure if the fluid was amniotic fluid and if it was a result of a tear in the uterus as it sealed up quickly. The doctors observed no harm to the fetus post-accident. Two weeks before delivery the fetus appeared quiet but had a healthy heartbeat and was assumed to be fine. Upon delivery, the baby weighed five pounds and eleven ounces and the placenta appeared small according to Dr. Gerald Marks, a general practitioner. Shortly after birth, the baby was put in an oxygen tent due to the baby turning slightly blue. Only when the child was four months old was it confirmed to have cerebral palsy.
…show more content…
The term “delict” according to Duhaime’s Law Dictionary states that it is: “A civil law term which imposes liability on a person who causes injury to another, or for injury caused by a person or thing under his
Shoultz And Russell Button Reptiled Case Summary
224 Words | 1 PagesSteve Shoultz and Russell Button Reptiled this case from top to bottom. Despite stipulated liability, minor car damage, lapses in treatment, inaccurate medical records, and a difficult witness prep; Steve and Russell were able to use the Reptile to convey the hypocrisy and betrayal their client suffered at the hands of their own insurance company. We found out halfway into the article that Steve and Russell decided to forgo $40,000 of the client’s past medical bills. This is in a case where the Plaintiff’s son who was in the strike zone of the impact walked away unscathed. The client walked away unscathed, but for anxiety and pain and suffering.
State Of New York V. Jorgensen Case Brief
1680 Words | 7 PagesShould Jorgensen be liable for injuries caused before the birth. In the appeal, the current statutory states that no, Jorgensen can’t be liable for
Case Study Of Tally V. Smith
429 Words | 2 PagesCase 41 Tenn. 290, 1860 WL (Tenn.) Tally’s Ex’rs v. Smith Year: 1860, September Court: Supreme Court of Tennessee Parties Appellant: HENRY SMITH Respondent: The executors of DUDLEY TALLY, deceased Facts On October 1854, Dudley Tally entered into a Bill of Sale (a contract of sale), selling his property of seven slaves to Henry Smith. Tally was, at the time of sale, deteriorating in physical and mental capacity due to chronic illness and old age. Tally died in December 1854, just two months after the Bill was signed.
How Did Vivien Thomas Grow During The Great Depression
358 Words | 2 PagesIn the 1940’s a man named Vivien Thomas made a procedure to save “blue babies” it was a problem because thousands of babies died from it. People still have it today. Dr. Alfred Blalock done the first procedure on Eileen Saxson ,but Thomas was next to him the whole time ,he was given no credit though. Helen Tausigg told Blalock and Thomas to fix “blue babies”. She also told them why ‘blue babies” existed.
Adam Futrell Case
301 Words | 2 PagesEveryday someone is injured because of someone else’s carelessness. Adam Futrell brings his extensive knowledge of injury law to fight for each of his clients. From one of the South’s most respected law firms, to the Attorney General’s Office,
Court Case Of Laci And Scott Peterson
790 Words | 4 PagesLaci and Scott Peterson Christmas Eve will ever be the same again. A beautiful family was expecting their first child and the lives of the mother and child were removed permanently from the holiday festivities. Was it his affair that made him do it or was it the future responsibilities of fatherhood? Scott Peterson is a man of mental issues that was sentenced death for a double homicide of his wife and unborn child.
Ap Psychology Question Paper
1699 Words | 7 PagesFractured Clavicle Occurs in during difficult birth due to unequal movement of the upper extremities Abdomen: Normal Finding A. Shape Round, dome shaped and nondistended B. Umbilical Cord Two arteries, one vein, whitish gray color, odorless C. Bowel sounds Present 1-2 hours after birth Abnormal Abdomen: Definition A. Distension: Fullness of the abdomen above the umbilicus caused by ruptured viscus or tumors. B. Imperforate Anus Blockage of the anus or missing of the anus C. Meconium Ileus Bowel obstruction caused by thick abnormal meconium Genitalia: (complete female and male) Normal finding or Definition A. Female (labia, clitoris, meatus, edema, pseudo- menstruation) 2pts Labia majora covers the labia minora and clitoris and are usually edematous
Armentine Davis Research Paper
449 Words | 2 PagesThere are different methods of caring for babies especially those born with birth defects. The main idea is that the medical field has progressed since my Nana’s birth and will continue to progress as the years go
Rhetoric Monologue
92 Words | 1 PagesHowever, when you were in surgery we found out that you are pregnant. “ I looked at him in shock. Jack and I were just talking about this and now I’m pregnant when he is dead. A woman walked in the door. “You can’t be in here, ma’am,” the doctor said.
The Spirit Catches
557 Words | 3 PagesWhen Lia was three months, she was administered into the hospital and diagnosed with epilepsy. Due
Argumentative Essay On Robert Blaue
301 Words | 2 Pagescorrectly, the accused will always be held responsible for any injury caused by an unknown condition, or in this case, belief. Robert Blaue was to be sentenced for counts one and two against him, which would be manslaughter on the ground of diminished responsibility (Court) and wounding with the intent to do grievous bodily harm (ROBERT). He was also sentenced separately for the third, fourth, and fifth counts he had also accumulated. These counts included one count of indecent assault against Regina, and two additional counts of indecent assault from two other unrelated accounts (ROBERT). On July 9th, 1975, Robert Konrad Blaue was officially convicted and sentenced (ROBERT).
Case Analysis: You Will Be The Judge
588 Words | 3 PagesYou Will Be The Judge Facts: The case involves a 12 year old child named Griffin Grimbly who told the teacher that he was beaten with a clothesline by his father Mr.Gimli. In court, the Mr.Gimli argued that he was devoted to Christian and was following the Biblical injunction on child rearing, “Spare the rod and spoil the child”, as well as arguing that s 43 of the criminal code gives parents the right to use “reasonable force” in disciplining their children. Issue: Is Mr. Grimbly is guilty of or not guilty of assault ? Held: Mr.Grimbly is guilty of assault.
Informative Speech On Premature Births
1354 Words | 6 PagesTaylor Thomas CMCN 100 Informative Speech Outline Premature Births I. Introduction A. Attention Getter – Congratulations it’s a girl 1. This is the day that most expecting parents dream of; they finally get to meet their bundle of joy. 2. Imagine giving birth to your child, but don’t get the chance to meet your baby for several days because she needs immediate attention because she cannot breathe on her own.
Tort Case Study: Health Care Law
1368 Words | 6 PagesHealth Care Law: Tort Case Study Carolann Stanek University of Mary Health Care Law: Tort Case Study A sample case study reviewed substandard care that was delivered to Ms. Gardner after having sustained an accident and brought to Bay Hospital for treatment. Dr. Dick, a second-year pediatric resident, was on that day in the ED and provided care for Ms. Gadner. Dr. Moon, is the chief of staff and oversees the credentialing of all physicians at Bay Hospital.
Informative Speech On Child Abuse
818 Words | 4 PagesInformative Speech Outline: Child Abuse Purpose At the end of my presentation, the audience will be able to explain what child abuse is, the three most common types of child abuse and list the impacts that child abuse has on the victim. Introduction Remember when you were a child, and try to remember what your biggest fear was. The one fear that made your heart beat so fast you can almost burst out of your own chest.
More about Pinchin And Another V Santam Insurance Case Study
Shoultz And Russell Button Reptiled Case Summary
224 Words | 1 PagesState Of New York V. Jorgensen Case Brief
1680 Words | 7 PagesCase Study Of Tally V. Smith
429 Words | 2 PagesHow Did Vivien Thomas Grow During The Great Depression
358 Words | 2 PagesAdam Futrell Case
301 Words | 2 PagesCourt Case Of Laci And Scott Peterson
790 Words | 4 PagesAp Psychology Question Paper
1699 Words | 7 PagesArmentine Davis Research Paper
449 Words | 2 PagesRhetoric Monologue
92 Words | 1 PagesThe Spirit Catches
557 Words | 3 PagesArgumentative Essay On Robert Blaue
301 Words | 2 PagesCase Analysis: You Will Be The Judge
588 Words | 3 PagesInformative Speech On Premature Births
1354 Words | 6 PagesTort Case Study: Health Care Law
1368 Words | 6 PagesInformative Speech On Child Abuse
818 Words | 4 Pages