Summary Of Cobbs V. Cal 3d
Case Citation:
Cobbs v Grant, 8 Cal 3d 229 (1972)
Procedural History:
The case for the judgement on the malpractice suit against Grant was held in a trial court. For the returned verdict against the defendant, the appeal was held in the Court of Appeal.
Legal Issue:
The case was brought before the jury to decide and analyze two legal issues. It brought a malpractice action was against Grant’s negligence of performing the operation on the duodenal ulcer. The second issue is whether the physician is under duty to inform and receive consent from the patient about the disclosed risks of a treatment plan before proceeding with it.
Facts of the Case:
Ralph Cobbs was diagnosed with a stomach duodenal ulcer and it was concluded that a surgical
…show more content…
Weber (1962) it was quoted "The fact that a particular injury suffered by a patient as the result of an operation is something that rarely occurs does not in itself prove that the injury was probably caused by the negligence of those in charge of the operation." There was a chance that the inherent risks would happen to Cobbs, but it was not at the purpose of Grant’s negligence. Under Berkey v Anderson (1969), the defendant (physician), similar to this case, failed to inform and obtain consent from the patient about inherent risks of an operation and knew there would be complications. The defendant was found guilty of “technical” battery. The court was divided on the issue of whether this case would deem Grant’s action as negligence or battery. The defendant had performed the operation as consented with the plaintiff, only the small chances of the complications had occurred with the spleen injury, the new development of the gastric ulcer which then led to a gastrectomy. The complications were linked to the initial operation. There were in three total experts that testified in the case: the defendant, Dr. Sands, and Dr. Yates, the defendant’s expert. The expert’s conclusions showed that there was no negligence in the due care for the plaintiff. Cobbs was unable to provide any expert but argued to the court that the defendant’s expert facts are incomprehensible to the jury and only indicate the need for the surgery. Cobbs also argued the defendant’s
Case Citation: Gallagher V. Cayuga Medical Center
1153 Words | 5 PagesCase Citation: Gallagher v. Cayuga Medical Center 151 AD 3d 1349 - NY: Appellate Div., 3rd Dept. 2017 Background: In this civil case Timothy W. Gallagher is the appellant, and Cayuga Medical Center (CMC) is the respondents. The case took place in the appellate division of the supreme court of New York, division three. The plaintiff’s complaint was that Cayuga Medical Center had asserted medical malpractice, negligence, wrongful death and emotional distressed.
Why Is Charlie Gordon Unethical
486 Words | 2 PagesCharlie Gordon is a none smart, caring person, living in New York. He has a desirer to be smart and fit in with the world around him. He is 37 years old, with an IQ of 68. Two doctors get him though a surgery to make him smart. They acted un-ethically toward Charlie while going though this preacher.
Hsm 542 Week 4 You Decide Case Summary
280 Words | 2 Pagesthis Court’s order to respond in full to the Hospital’s discovery requests and produce the requested documents. Additionally, Defendant failed to respond to the Hospital’s attempts to confer on this Motion. III. Conclusion and Prayer Defendant’s bad faith behavior implies that he considers himself to be above the requirements of the Rules of Civil Procedure and the authority of this Court.
Pros And Cons V. Defendant Medic East
826 Words | 4 Pages11. Similarly the reasoning for the refusal to disclose Dr. Rigney’s radiological reviews is equally misleading. While Plaintiff appreciates that Defendant Medic East has advised the court that Dr. Rigney will not be called as a witness in the instant matter, an admission Plaintiff intends to enforce should Defendant Medic East suddenly change their mind later, it does not change the fact that said reports were supplied to Dr.
Case Brief Of Moore V. City Of East Cleveland, Ohio
645 Words | 3 PagesBrief of Moore v City of East Cleveland, Ohio 1. Name of Case: MOORE v CITY OF EAST CLEVELAND, OHIO 2. Name of Court: United States Supreme Court; Legal citation: 431 U.S. 494. Set of legal reporters; United States Supreme Court Reporter; Year of decision: 1977.
Goldberg And Wheeler Court Case Summary
331 Words | 2 PagesThe court cases Goldberg and Wheeler do not stand for the proposition that only welfare benefits for people in extreme circumstances are entitled to pre-termination hearings. However, this is one situation where cutting off benefits with little or no notice could affect the well-being of the family or person. Any programs that offer they type of assistance people rely on to survive could benefit from pre-termination hearings, not just the welfare program. Welfare is one of the main public assistance programs, although I think housing assistance and food stamps might fall into the welfare category, they are also in need of a pre-termination hearing. In the Goldberg and Wheeler cases, California and New York did not want to give anyone a hearing
Gregg V. Georgia Case Brief Summary
619 Words | 3 Pages(1995). Gregg v. Georgia, 1976. Retrieved from http://www.lectlaw.com/files/case26.htm Chicago-Kent College of Law. (2015)B. Jurek v. Texas. Retrieved from https://www.oyez.org/cases/1975/75-5394 Chicago-Kent College of Law.
Rhetorical Analysis Of Kinkel Vs The State Of Oregon
1013 Words | 5 PagesIn the present year of 2016 there has already been 7 school shootings around America. The rhetorical analysis of the court document “Kinkel vs The State of Oregon”. The document was written to explain the arguments of both sides of the court and to justify the decision made by the court and judge Haselton through facts and rhetorical accounts of events that transpired of Mr. Kinkel and his actions of the school shooting. Judge Haselton clearly uses Ethos, Logos, and Pathos within the analysis which is used to his advantage. Judge Haselton was writing to many audiences, the most important and crucial are the defendants and the victim’s family members present.
Delegation In Nursing Essay
559 Words | 3 PagesProper Delegation: The Nurse’s Responsibility Every field of occupation requires each position to operate under a variety of different tasks and responsibilities. Depending on the work that is to be completed, sometimes, delegating certain tasks to those who are well-trained and competent to finish it plays a major role ensuring what needs to get done is completed. In the nursing field, registered nurses are tasked with many responsibilities that need to be finished in order to guarantee that patients are getting the quality care they need and are healing effectively. Part of the responsibilities of a nurse is to delegate tasks to unlicensed assistive personnel (UAPs) and licensed practical nurses (LPNs). In order to properly delegate tasks to these workers, the registered nurse needs to follow the five rights of delegation provided by the National Council of State Boards of Nursing (NCSBN) (n.d.): (a) right task, (b) right circumstance, (c) right person, (d)
The Case Of State Of Georgia V. Marcus Dixon
954 Words | 4 PagesIt can be argued that the jury was not a proper representation of his peers. Along with other factual errors surrounding Dixon’s false conviction,
Summary Of Tomcik V. Ohio Department Of Rehabilitation
1010 Words | 5 PagesThe court found the “Defendant's care of Claimant fell below acceptable standards of practice” (Stashenko, 2015). In 2009 a former inmate of the Hawaii corrections department was awarded close to $1 million in damages for an incident in 2003, in which the physician’s failure to give the correct type and dosage of antibiotic for an infection in his scrotum. This resulted in 6 subsequent surgeries and the removal of his scrotum, rendering him
Tomcik Case Study
785 Words | 4 PagesThe case I will be concentrating on is Tomcik vs. Ohio Dep’t of Rehabilitation and Correction in which Tomcik was imprisoned under the custody of Department of Rehabilitation and correction, based on the Legal and Ethical Issues for Health Professionals book. The problem stimulated from continuous negligence from nurses and doctors at the department, which initially was when Tomcik received a physical evaluation, included the breast examination by Dr. Evans who stated that the examination was cursory and lasted only a few seconds, which means that not much attention was presented regarding the patient and his job. The next day Tomcik noticed a lump as being about the size of a pea in her right breast, however it was not reported by Dr. Evans.
Dr Anna Pou Case Summary
639 Words | 3 PagesIt It f It frustrates me what Dr. Anna Pou had to go through with the lawsuits of the Memorial Medical Center incident. As Healthcare professionals, being sued for making the rightful decision for the patient and the hospital is unjust. Healthcare professionals like Dr. Pou, have taken the Hippocratic oath, and one of the promises made within that oath is “first, do no harm”. Hospital’s should not be so quick to make such an important decision of pressing charges to their faculty; more trust should be placed in them. In addition, she made it clear her intentions were just to ‘‘help’’ patients ‘‘through their pain,’’ on national television.
Case Study: Welge V. Planter's Lifesavers
517 Words | 3 PagesRead Case 10-2, Welge v. Planters Lifesavers, on page 243. What theory of liability did Justice Posner use in finding the defendant liable? Judge Posner used the strict product liability theory in finding the defendant liable (Herron, 2011). Under the strict product liability theory, K-Mart (seller) would be held liable for defects in their products even if those defects were not introduced by them; also for failing to discover them during production (Herron, 2011).
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.
More about Summary Of Cobbs V. Cal 3d
Case Citation: Gallagher V. Cayuga Medical Center
1153 Words | 5 PagesWhy Is Charlie Gordon Unethical
486 Words | 2 PagesHsm 542 Week 4 You Decide Case Summary
280 Words | 2 PagesPros And Cons V. Defendant Medic East
826 Words | 4 PagesCase Brief Of Moore V. City Of East Cleveland, Ohio
645 Words | 3 PagesGoldberg And Wheeler Court Case Summary
331 Words | 2 PagesGregg V. Georgia Case Brief Summary
619 Words | 3 PagesRhetorical Analysis Of Kinkel Vs The State Of Oregon
1013 Words | 5 PagesDelegation In Nursing Essay
559 Words | 3 PagesThe Case Of State Of Georgia V. Marcus Dixon
954 Words | 4 PagesSummary Of Tomcik V. Ohio Department Of Rehabilitation
1010 Words | 5 PagesTomcik Case Study
785 Words | 4 PagesDr Anna Pou Case Summary
639 Words | 3 PagesCase Study: Welge V. Planter's Lifesavers
517 Words | 3 PagesTort Case Study: Health Care Law
1368 Words | 6 Pages