CitationJacobson v. Massachusetts, 197 U.S. 11, 25 S. Ct. 358, 1905 U.S. LEXIS 1232, 49 L. Ed. 643 (U.S. Feb. 20, 1905) Brief Fact Summary. A state statute was alleged to be unconstitutional for requiring vaccination. Synopsis of Rule of Law. In order to protect public health and safety, the scope of the state’s police power includes the authority to enact reasonable regulations to do so. ...
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In re Williams
CitationIn re Williams, 60 Ohio St. 3d 85, 573 N.E.2d 638, 1991 Ohio LEXIS 1245 (Ohio June 5, 1991) Brief Fact Summary. Not without controversy Dr. Williams (Defendant) dispensed controlled substances in weight control programs. Synopsis of Rule of Law. A medical board does not need to present expert testimony in every case to support a charge against a physician; however, there must be reliable, probative, and substantial evidence to support the charge. ...
In re Guess
CitationIn re Guess, 327 N.C. 46, 393 S.E.2d 833, 1990 N.C. LEXIS 575 (N.C. July 26, 1990) Brief Fact Summary. The State Board of Medicine (Plaintiff) charged Dr. George Albert Guess (Defendant), a licensed medical doctor, for administering homeopathic treatments. The Plaintiff found the statute prohibited these practices and ultimately stayed the revocation of Defendant’s license if he discontinued these activities. Defendant appealed the Plaintiff’s decision. Synopsis of Rule of Law. Actual harm to a patient is not required to be shown in order to revoke the privi ...
State Board of Nursing and State Board of Healing Arts v. Ruebke
CitationState Bd. of Nursing v. Ruebke, 259 Kan. 599, 913 P.2d 142, 1996 Kan. LEXIS 40 (Kan. Mar. 15, 1996) Brief Fact Summary. An injunction was sought against Ruebke (Defendant) by various nursing and medical groups alleging the practice of lay midwifery. Synopsis of Rule of Law. For the purpose of professional regulation by statute, the practice of lay midwifery is not equal to the practice of nursing and medicine. ...
Hoover v. The Agency for Health Care Administration
CitationHoover v. Agency for Health Care Admin., 676 So. 2d 1380, 1996 Fla. App. LEXIS 6700, 21 Fla. L. Weekly D 1478 (Fla. Dist. Ct. App. 3d Dist. June 26, 1996) Brief Fact Summary. The Board of Medicine (Defendant) decided to revoke the medical license of Dr. Hoover (Plaintiff), thereby ignoring a hearing officer’s reasonable findings of fact and recommendations. Synopsis of Rule of Law. An administrative review board must give substantial weight to the findings of a hearing officer before it supersedes those findings and revokes a license to practice medicine. ...
Sermchief v. Gonzales
CitationSermchief v. Gonzales, 660 S.W.2d 683, 1983 Mo. LEXIS 405 (Mo. Nov. 22, 1983) Brief Fact Summary. Several nurses (Plaintiffs) claimed that when their employer allowed them to perform medical acts such as taking histories and conducting diagnostic procedures, this was not the unauthorized practice of medicine. Synopsis of Rule of Law. Certain medical procedures may be performed by a nurse without the nurse having engaged in the unauthorized practice of medicine. ...
Esquivel v. Watters
CitationEsquivel v. Watters, 2007 Kan. App. LEXIS 338, 154 P.3d 1184 (Kan. Ct. App. Apr. 6, 2007) Brief Fact Summary. Michelle Esquivel (Plaintiff) went to South Central Kansas Regional Medical Center (Defendant) for a free sonogram, which was only to determine the sex of her unborn baby. Though an abnormality was discovered, it was not disclosed to Plaintiff by Defendant. When her baby died after birth, Plaintiff brought suit against Defendant. The court granted summary judgment for Defendant. Plaintiff appealed. Synopsis of Rule of Law. ...
White v. Harris
CitationWhite v. Harris, 36 A.3d 203, 2011 VT 115, 190 Vt. 647, 2011 Vt. LEXIS 116 (Vt. Sept. 29, 2011) Brief Fact Summary. As part of a telepsychiatry research study, Plaintiffs’ minor daughter was treated for a short time by a psychiatrist working for Fletcher Allen Health Care, Inc. (Defendant). Following the end of the study, no further treatment or follow-up services were provided. The Plaintiff’s daughter committed suicide, and Plaintiffs alleged the doctor (Defendant) breached his duty of care. Synopsis of Rule of Law. A doctor cannot limit his d ...
Kaplan v. Mayo Clinic
CitationKaplan v. Mayo Clinic, 653 F.3d 720, 2011 U.S. App. LEXIS 18299, 98 A.L.R.6th 711 (8th Cir. Minn. Sept. 2, 2011) Brief Fact Summary. Elliott Kaplan (Plaintiff) and his wife filed suit against Mayo Clinic Rochester, Inc., other Mayo entities (referred to collectively as “Mayo”) (Defendant) and Mayo doctors David Nagorney and Lawrence Burgart, making a number of claims that arose from Plaintiff’s incorrect diagnosis of pancreatic cancer and his surgery based on that diagnosis. The Kaplans (Plaintiff) appealed after they lost a motion for summary judgment ...
Tunkl v. Regents of Univ. of California
CitationTunkl v. Regents of University of Cal., 60 Cal. 2d 92, 383 P.2d 441, 32 Cal. Rptr. 33, 1963 Cal. LEXIS 226, 6 A.L.R.3d 693 (Cal. 1963) Brief Fact Summary. Plaintiff’s decedent waived any malpractice action when he signed a release before his admission to a non-profit hospital. Synopsis of Rule of Law. The release of a non-profit hospital to waive any malpractice liability is not enforceable. ...
Shorter v. Drury
CitationShorter v. Drury, 103 Wn.2d 645, 695 P.2d 116, 1985 Wash. LEXIS 1087 (Wash. Jan. 11, 1985) Brief Fact Summary. Shorter’s (Plaintiff) decedent was religiously opposed to blood transfusions, and the decedent signed a document releasing medical providers from liability that might arise if injuries therefore resulted. Synopsis of Rule of Law. When a patient refuses advised medical treatment, a document that releases the medical providers from liability for results that may occur due to the refusal is valid. ...
Canterbury v. Spence
CitationCanterbury v. Spence, 464 F.2d 772, 1972 U.S. App. LEXIS 9467, 150 U.S. App. D.C. 263 (D.C. Cir. May 19, 1972) Brief Fact Summary. Canterbury (Plaintiff) claimed that prior to Plaintiff’s spinal surgery, surgeon Spence (Defendant) did not disclose the possible consequence of paralysis which the Plaintiff then developed as a result of the surgery. Synopsis of Rule of Law. A physician must disclose all risks to a patient, prior to a medical procedure, which a reasonable person would consider significant in deciding whether to go forward with the procedure. ...
Arato v. Avedon
CitationArato v. Avedon, 5 Cal. 4th 1172, 858 P.2d 598, 23 Cal. Rptr. 2d 131, 1993 Cal. LEXIS 4793, 93 Daily Journal DAR 12439, 93 Cal. Daily Op. Service 7342 (Cal. Sept. 30, 1993) Brief Fact Summary. Arato died from pancreatic cancer, and his family (Plaintiff) sued his doctors (Defendants), claiming that the doctors had not given Arato enough information regarding his life expectancy so that he could make an informed choice regarding proposed medical treatment. Synopsis of Rule of Law. A doctor has a legal duty to disclose all material information to a patient so the patient may make an i ...
Moore v. Regents of the University of California
CitationMoore v. Regents of University of California, 51 Cal. 3d 120, 271 Cal. Rptr. 146, 1990 Cal. LEXIS 2858, 15 U.S.P.Q.2D (BNA) 1753, 793 P.2d 479, 16 A.L.R.5th 903 (Cal. July 9, 1990) Brief Fact Summary. Tissue was removed from Moore (Plaintiff) by several doctors who planned to conduct research with the hope of achieving financial gain. Synopsis of Rule of Law. A doctor must disclose the intent to use a person’s body tissue for possibly profitable research. ...
Canterbury v. Spence
Citation464 F.2d 772 (D.C. Cir. 1972) Brief Fact Summary. Canterbury (Plaintiff) claimed that Spence (Defendant) was negligent in his failure to disclose the risks of a medical procedure. Synopsis of Rule of Law. The conduct of a prudent person in the same position as the patient must be considered when proving whether or not a patient would have declined medical treatment if the doctor had disclosed any related medical risk. ...
Humphers v. First Interstate Bank of Oregon
CitationHumphers v. First Interstate Bank, 298 Ore. 706, 696 P.2d 527, 1985 Ore. LEXIS 1002, 48 A.L.R.4th 651 (Or. Mar. 6, 1985) Brief Fact Summary. Humphers (Plaintiff) sought to hold the estate (Defendant) of the late Mackey, a doctor, liable for revealing information which allowed the daughter she gave up for adoption at birth to find her. Synopsis of Rule of Law. A doctor may be held liable for damages for revealing information about a patient that allowed her adopted-out daughter to find her. ...
Doe v. Medlantic Health Care Group, Inc.
CitationDoe v. Medlantic Health Care Group, Inc., 814 A.2d 939, 2003 D.C. App. LEXIS 2 (D.C. Jan. 16, 2003) Brief Fact Summary. Doe (Plaintiff) brought suit against Medlantic Health Care Group, Inc. (Defendant) for negligent disclosure of his positive Human Immunodeficiency Virus (HIV) status, claiming invasion of privacy and breach of a confidential relationship. Synopsis of Rule of Law. The obligation of confidentiality that goes with the patient-provider relationship carries a stricter duty than that of a reasonable person to honor the trust and confidence created by the special relation ...
Yath v. Fairview Clinics, N.P.
CitationYath v. Fairview Clinics, N. P., 767 N.W.2d 34, 2009 Minn. App. LEXIS 117, 54 A.L.R.6th 699, 158 Lab. Cas. (CCH) P60,843 (Minn. Ct. App. June 23, 2009) Brief Fact Summary. The Plaintiff, Candace Yath, went to the Fairview Cedar Ridge Clinic (Fairview) (Defendant) for a medical appointment so she could be tested for sexually transmitted diseases. Navy Tek (Defendant) was the medical assistant who saw Plaintiff at the clinic and was related to Plaintiff’s husband. Defendant read Plaintiff’s medical file and learned that she had a sexually transmitt ...
Hall v. Hilbun
CitationHall v. Hilbun, 466 So. 2d 856, 1985 Miss. LEXIS 1935 (Miss. Feb. 27, 1985) Brief Fact Summary. In Hall’s (Plaintiff) malpractice action, doctors who were not local were not permitted to give expert opinions due to their lack of familiarity with local medical standards. Synopsis of Rule of Law. National standards should be used to judge a doctor’s duty of care to a patient, rather than local standards. ...
Conn v. United States
CitationConn v. United States, 880 F. Supp. 2d 741, 2012 U.S. Dist. LEXIS 102604 (S.D. Miss. July 24, 2012) Brief Fact Summary. John Conn (Plaintiff) was treated and released at the Veterans Administration (VA) hospital (“United States” or “VA”) (Defendant). Afterwards he suffered a massive heart attack and sued the VA (Defendant) for medical malpractice. Synopsis of Rule of Law. In a medical malpractice lawsuit, clinical practice guidelines do not by themselves establish the standard of care. ...
Strasel v. Seven Hills OB-GYN Associates, Inc.
CitationStrasel v. Seven Hills Ob-Gyn Assocs., 170 Ohio App. 3d 98, 2007-Ohio-171, 866 N.E.2d 48, 2007 Ohio App. LEXIS 172 (Ohio Ct. App., Hamilton County Jan. 19, 2007) Brief Fact Summary. A woman underwent a dilatation and curettage (D&C) at her doctor’s suggestion, after he misdiagnosed her as not pregnant. Several weeks later, it was discovered she was pregnant, and that the D&C may have caused serious harm to the fetus. The woman feared for her unborn baby’s health, and she suffered extreme depression and stress and brought suit against the ...
Wickline v. State
CitationWickline v. Cal., 239 Cal. Rptr. 810, 192 Cal. App. 3d 1630, 1986 Cal. App. LEXIS 1870 (Cal. App. 2d Dist. July 30, 1986) Brief Fact Summary. Wickline (Plaintiff) was discharged from the hospital sooner than appropriate according to her doctor because Medi-Cal (Defendant) would not cover further costs of hospitalization. Plaintiff suffered a blood clot in her leg that required amputation. Synopsis of Rule of Law. A patient’s health care payor is not responsible for determining when a discharge should occur, therefore, the payor is not liable for a neg ...
Murray v. UNMC Physicians
CitationMurray v. UNMC Physicians, 282 Neb. 260, 806 N.W.2d 118, 2011 Neb. LEXIS 92 (Neb. Sept. 16, 2011) Brief Fact Summary. Robert Murray (Robert) (Plaintiff), individually and as special administrator of the estate of his wife, Mary K. Murray (Mary) (Plaintiff), brought suit against the Nebraska Medical Center, the Board of Regents of the University of Nebraska, UNMC Physicians (UNMC) (Defendant) and others claiming Mary’s (Plaintiff) death was caused by their negligent failure to administer an expensive drug until the patient’s insurer approved the drug or another source of p ...
Brook v. St. John’s Hickey Memorial Hospital
CitationBrook v. St. John’s Hickey Memorial Hospital, 269 Ind. 270, 380 N.E.2d 72, 1978 Ind. LEXIS 772 (Ind. 1978) Brief Fact Summary. Fischer (Defendant), a radiologist, decided to inject a contrast medium into Brook’s (Plaintiff) calves, an unusual place to do so, because of prior experience and literature he had read. Synopsis of Rule of Law. When performing an unusual procedure on a patient, a doctor does not carry out an experiment if he has a reasonable basis for doing so. ...
Richardson v. Miller
CitationRichardson v. Miller, 44 S.W.3d 1, 2000 Tenn. App. LEXIS 551 (Tenn. Ct. App. Aug. 16, 2000) Citation. Tenn. Ct. App., 44 S.W.3d 1 (2000) Brief Fact Summary. An infusion pump was used by a doctor to give a drug to a pregnant woman to stop her premature labor. The use as prescribed was off-label and was not included in the drug’s reference in the Physician’s Desk Reference (PDR). The woman suffered a heart attack, and after she gave birth to a healthy baby, she brought suit claiming malpractice against the doctor and the supplier of the infusion pu ...