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F V R
''F v R'',''F v R'' (1983) 33 SASR 189 Supreme Court (Full Court) (SA). is a tort law case. It is a seminal case on what information medical professionals have a duty to inform patients of at common law. It pre-dates the decision in ''Rogers v Whitaker'' which substantially followed ''F v R'' by departing from the '' Bolam test'',''Bolam v Friern Hospital Management Committee'' 9571 WLR 582. at common law in regards to the duty of medical professionals to disclose risks to a patient. Background Facts A woman went to her gynaecologist and asked to be sterilised by tubal ligation. The doctor did not warn the woman that there was a less than 1% chance that she would fall pregnant after the operation. The woman had the procedure, but then a process known as recanalisation occurred and she fell pregnant. The woman and her husband sued her gynaecologist for negligence, alleging that the failure to inform them of the risk of pregnancy was a breach of the doctors duty of care. Pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of South Australia
The Supreme Court of South Australia is the superior court of the Australian state of South Australia. The Supreme Court is the highest South Australian court in the Australian court hierarchy. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. The Court is composed of a Chief Justice and as many other judges (called justices) as may be required. History The Court was established by Letters Patent on 2 January 1837, five days after the colony was founded. The Court is unique among Australia's state supreme courts in that it was established at the foundation of the colony of South Australia, as the notion of a supreme court was a part of the colony's founder, Edward Wakefield's theory of colonisation. Other Australian colonies only established their courts long after the settlement of the colony. The Court was endowed with all the common law and probate jurisdiction of the courts of Westminster. The first sessions of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Weekly Law Reports
The Incorporated Council of Law Reporting for England and Wales (ICLR) is a registered charity based in London, England, that publishes law reports of English law. The company is widely recognised as a reputable producer of reports (and the only 'official' source), which are used by students, academics, journalists, lawyers and judges across the country. History The ICLR was founded in 1865 by W. T. S. Daniel QC, and its first meeting took place on 25 February at Westminster Hall, then the home of the Court of King's Bench, the Court of Common Pleas and the Court of Chancery. The council was incorporated under the Companies Act 1862 in 1870. Largely working "as a private enterprise without state aid or interference," the council "was not intended to be profit-making except in so far as it was necessary to make it self-supporting." Working on this principle, the Council applied in 1966 for registration to become an official charity under section 4 of thCharities Act 1960 Upon reje ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South Australia Case Law
South is one of the cardinal directions or compass points. The direction is the opposite of north and is perpendicular to both east and west. Etymology The word ''south'' comes from Old English ''sūþ'', from earlier Proto-Germanic ''*sunþaz'' ("south"), possibly related to the same Proto-Indo-European root that the word ''sun'' derived from. Some languages describe south in the same way, from the fact that it is the direction of the sun at noon (in the Northern Hemisphere), like Latin meridies 'noon, south' (from medius 'middle' + dies 'day', cf English meridional), while others describe south as the right-hand side of the rising sun, like Biblical Hebrew תֵּימָן teiman 'south' from יָמִין yamin 'right', Aramaic תַּימנַא taymna from יָמִין yamin 'right' and Syriac ܬܰܝܡܢܳܐ taymna from ܝܰܡܝܺܢܳܐ yamina (hence the name of Yemen, the land to the south/right of the Levant). Navigation By convention, the ''bottom or down-facing side'' of a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chester V Afshar
''Chester v Afshar'' causation_in_a_Medical_malpractice.html" "title="Causation_in_English_law.html" ;"title="English_tort_law.html" ;"title="004UKHL 41is an important English tort law">004UKHL 41is an important English tort law case regarding Causation in English law">causation in a Medical malpractice">medical negligence context. In it, the House of Lords decided that when a doctor fails to inform a patient of the risks of surgery, it is not necessary to show that the failure to inform caused the harm incurred. Rather, the failure to provide informed consent is sufficient in itself to claim for damages. Facts Miss Chester was referred to Dr Afshar, a neurological expert, about some lower back pain. He told her that surgery was a solution, but did not inform her of the 1-2% risk of these operations going wrong. She suffered a complication, called cauda equina syndrome. The judge found that there was a causal connection between the failure to inform and Miss Chester's injuries—i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bolam V Friern Hospital Management Committee
''Bolam v Friern Hospital Management Committee'' 9571 WLR 582 is an English tort law case that lays down the typical rule for assessing the appropriate standard of reasonable care in negligence cases involving skilled professionals such as doctors. This rule is known as the Bolam test, and states that if a doctor reaches the standard of a responsible body of medical opinion, they are not negligent. ''Bolam'' was rejected in the 2015 Supreme Court decision of ''Montgomery v Lanarkshire Health Board'' in matters of informed consent. Facts Mr Bolam was a voluntary patient at Friern Hospital, a mental health institution run by the Friern Hospital Management Committee. He agreed to undergo electro-convulsive therapy. He was not given any muscle relaxant, and his body was not restrained during the procedure. He flailed about violently before the procedure was stopped, and he suffered some serious injuries, including fractures of the acetabula. He sued the committee for compensation. He ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Albrighton V RPA Hospital
''Albrighton v RPA Hospital'',''Albrighton v Royal Prince Alfred Hospital'' 9802 NSWLR 542 (29 September 1980) NSW Court of Appeal. is a tort law case concerning the application of the Bolam test for professional negligence. Background Facts Ms Albrighton () was born with kyphoscoliosis and spina bifida which seriously impaired her respiratory function and shortened her life expectancy. In July 1971 she was admitted to Royal Prince Alfred Hospital for corrective surgery intended to straighten and lengthen her spine in a procedure known as halo-pelvic traction. At the hospital she was treated by Dr Harry Tyer, an orthopaedic surgeon. The hospital's consultation sheet recorded on 23 July 1971 that "Dr Tyer would appreciate advice regarding significance of her hairy naevus with respect to spinal pathology and possible dangers to cord of correction of scoliosis by halo-pelvic traction." The frame was attached to her skull and pelvis on 26 July 1971. On that day Professor Richa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a form of ''carelessness'' possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. The law on negligence may be assessed in general terms according to a five-part model which includes the assessment of duty, breach, actual cause, proximate cause, and damages. Elements of negligence claims Some things must be established by anyone who wants to sue in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Loss Of Consortium
Loss of consortium is a term used in the law of torts that refers to the deprivation of the benefits of a family relationship due to injuries caused by a tortfeasor. In this context, the word ''consortium'' means "(the right of) association and fellowship between two married people". Damages may be claimed under three theories: incurred medical costs or those yet to be incurred by the plaintiff, the loss of an injured spouse's services, and loss of society (within certain parameters). The common law rule of consortium has been amended or abolished by statute in many jurisdictions. The availability of loss of consortium differs drastically among common law jurisdictions and does not exist at all in several of them. Damages for loss of consortium are considered separately from, and are not to be confused with compensatory damages. Terminology and theory The action was originally expressed in the Latin phrase "per quod servitium et consortium amisit" ("in consequence of which he lost ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Mohr (judge)
Robert Mohr (5 April 1897 – 5 February 1977) was an interrogation specialist of the Gestapo. He headed the special commission responsible for the search and arrest of the White Rose, part of the German Resistance to Nazism. Early life Robert Mohr was born in Bisterschied in the Palatinate in 1897 into the family of a Palatine-born master mason, one of six brothers and three sisters. Mohr completed an apprenticeship as a tailor, but never practiced this profession. He served in the German Army during the First World War and was awarded the Iron Cross Second Class before resigning in May 1919. In October 1919, Mohr entered the Bavarian police. In May 1933 he joined the Nazi Party. He also belonged to the National Socialist Motor Corps, the Reich Air Defense League, the Reich Colonial League, and the National Socialist People's Welfare organizations. In the 1930s he worked as a police chief in Frankenthal (Pfalz). From 1938 he worked for the Gestapo in Munich. The White ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tubal Ligation
Tubal ligation (commonly known as having one's "tubes tied") is a surgical procedure for female sterilization in which the fallopian tubes are permanently blocked, clipped or removed. This prevents the fertilization of eggs by sperm and thus the implantation of a fertilized egg. Tubal ligation is considered a permanent method of sterilization and birth control. Medical uses Female sterilization through tubal ligation is primarily used to permanently prevent a patient from having a spontaneous pregnancy (as opposed to pregnancy via in vitro fertilization) in the future. While both hysterectomy (the removal of the uterus) or bilateral oophorectomy (the removal of both ovaries) can also accomplish this goal, these surgeries carry generally greater health risks than tubal ligation procedures. Less commonly, tubal ligation procedures may also be performed for patients who are known to be carriers of mutations in genes that increase the risk of ovarian and fallopian tube cancer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gynaecologist
Gynaecology or gynecology (see American and British English spelling differences, spelling differences) is the area of medicine that involves the treatment of women's diseases, especially those of the reproductive organs. It is often paired with the field of obstetrics, forming the combined area of Obstetrics and gynaecology, obstetrics and gynecology (OB-GYN). The term comes from Greek and means "the science of woman, women". Its counterpart is andrology, which deals with medical issues specific to the male reproductive system. Etymology The word "gynaecology" comes from the oblique stem (γυναικ-) of the Ancient Greek, Greek word γυνή (''gyne)'' semantics, semantically attached to "woman", and ''-logia'', with the semantic attachment "study". The word gynaecology in Kurdish languages, Kurdish means "jinekolojî", separated word as "jin-ekolojî", so the Kurdish "jin" called like "gyn" and means in Kurdish "woman". History Antiquity The Kahun Gynaecological Papyrus, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bolam Test
''Bolam v Friern Hospital Management Committee'' 9571 WLR 582 is an English tort law case that lays down the typical rule for assessing the appropriate standard of reasonable care in negligence cases involving skilled professionals such as doctors. This rule is known as the Bolam test, and states that if a doctor reaches the standard of a responsible body of medical opinion, they are not negligent. ''Bolam'' was rejected in the 2015 Supreme Court decision of ''Montgomery v Lanarkshire Health Board'' in matters of informed consent. Facts Mr Bolam was a voluntary patient at Friern Hospital, a mental health institution run by the Friern Hospital Management Committee. He agreed to undergo electro-convulsive therapy. He was not given any muscle relaxant, and his body was not restrained during the procedure. He flailed about violently before the procedure was stopped, and he suffered some serious injuries, including fractures of the acetabula. He sued the committee for compensation. H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
