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Osborn V. Irwin Memorial Blood Bank
In ''Osborn v. Irwin Memorial Blood Bank'', 5 Cal.App.4th 234 (1992), the Court of Appeals of California considered certain questions pertaining to whether a blood bank could be held liable for negligence or negligent misrepresentation after a patient contracted HIV/AIDS as a result of a blood transfusion. Factual background In 1983, Michael Osborn, an infant, underwent surgery to repair a congenital heart defect. During that surgery, Osborn received a blood transfusion. At the time of the transfusion, donated blood was not routinely tested for human immunodeficiency virus, because the cause of AIDS had not definitively been identified yet. Fearing that AIDS could be transmitted by blood, the Osborns had requested to make directed blood donations specifically earmarked for use by Michael. They first contacted the surgeon, who informed them that they needed to contact the blood bank. The receptionist at the blood bank, however, said that directed donations were not allowed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeals Of California
The California Courts of Appeal are the state intermediate appellate courts in the U.S. state of California. The state is geographically divided along county lines into six appellate districts.California Government Code Sections 69100-69107 The Courts of Appeal form the largest state-level intermediate appellate court system in the United States, with 106 justices. Jurisdiction and responsibility 
The decisions of the Courts of Appeal are binding on the [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nonsuit
A non-suit (British English) or nonsuit (American English) is a legal procedure. A plaintiff (or other person bringing a civil action, such as a petitioner) drops his or her suit, under certain circumstances that do not prevent another action being brought later on the same facts. United States In the United States, a ''voluntary nonsuit'' is a motion taken by the plaintiff to release one or more of the defendants from liability. An example would be a plaintiff suing a physician and a hospital for damages resulting from surgical complications. If the plaintiff settles with the physician, the plaintiff would nonsuit the physician (removing him/her from the suit) but maintain action against the hospital and the suit would continue. If the plaintiff later settles with the hospital before trial, the resulting nonsuit would end the case as all defendants have been released. A nonsuit is a right of the plaintiff, but it may be prevented if the defendant has pleaded for affirmative re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Medical Lawsuits
Medicine is the science and practice of caring for a patient, managing the diagnosis, prognosis, prevention, treatment, palliation of their injury or disease, and promoting their health. Medicine encompasses a variety of health care practices evolved to maintain and restore health by the prevention and treatment of illness. Contemporary medicine applies biomedical sciences, biomedical research, genetics, and medical technology to diagnose, treat, and prevent injury and disease, typically through pharmaceuticals or surgery, but also through therapies as diverse as psychotherapy, external splints and traction, medical devices, biologics, and ionizing radiation, amongst others. Medicine has been practiced since prehistoric times, and for most of this time it was an art (an area of skill and knowledge), frequently having connections to the religious and philosophical beliefs of local culture. For example, a medicine man would apply herbs and say prayers for healing, or an ancie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
HIV/AIDS In The United States
The AIDS epidemic, caused by HIV (Human Immunodeficiency Virus), found its way to the United States between the 1970s and 1980s, but was first noticed after doctors discovered clusters of Kaposi's sarcoma and pneumocystis pneumonia in homosexual men in Los Angeles, New York City, and San Francisco in 1981. Treatment of HIV/AIDS is primarily via the use of multiple antiretroviral drugs, and education programs to help people avoid infection. Initially, infected foreign nationals were turned back at the United States border to help prevent additional infections. The number of United States deaths from AIDS has declined sharply since the early years of the disease's presentation domestically. In the United States in 2016, 1.1 million people aged over 13 lived with an HIV infection, of whom 14% were unaware of their infection. Gay and bisexual men, African Americans, and Hispanic/Latino Americans remain disproportionately affected by HIV/AIDS in the United States. Mortality and m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California State Case Law
California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the most populated subnational entity in North America and the 34th most populous in the world. The Greater Los Angeles area and the San Francisco Bay Area are the nation's second and fifth most populous urban regions respectively, with the former having more than 18.7million residents and the latter having over 9.6million. Sacramento is the state's capital, while Los Angeles is the most populous city in the state and the second most populous city in the country. San Francisco is the second most densely populated major city in the country. Los Angeles County is the country's most populous, while San Bernardino County is the largest county by area in the country. California borders Oregon to the north, Nevada and Arizona to the east, the Mex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1992 In United States Case Law
Year 199 ( CXCIX) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. At the time, it was sometimes known as year 952 ''Ab urbe condita''. The denomination 199 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * Mesopotamia is partitioned into two Roman provinces divided by the Euphrates, Mesopotamia and Osroene. * Emperor Septimius Severus lays siege to the city-state Hatra in Central-Mesopotamia, but fails to capture the city despite breaching the walls. * Two new legions, I Parthica and III Parthica, are formed as a permanent garrison. China * Battle of Yijing: Chinese warlord Yuan Shao defeats Gongsun Zan. Korea * Geodeung succeeds Suro of Geumgwan Gaya, as king of the Korean kingdom of Gaya (traditional date). By topic Religion * Pope Zephyrinus succeeds Pope Victor I, as the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1992 In California
Year 199 ( CXCIX) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. At the time, it was sometimes known as year 952 ''Ab urbe condita''. The denomination 199 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * Mesopotamia is partitioned into two Roman provinces divided by the Euphrates, Mesopotamia and Osroene. * Emperor Septimius Severus lays siege to the city-state Hatra in Central-Mesopotamia, but fails to capture the city despite breaching the walls. * Two new legions, I Parthica and III Parthica, are formed as a permanent garrison. China * Battle of Yijing: Chinese warlord Yuan Shao defeats Gongsun Zan. Korea * Geodeung succeeds Suro of Geumgwan Gaya, as king of the Korean kingdom of Gaya (traditional date). By topic Religion * Pope Zephyrinus succeeds Pope Victor I, as the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Google Scholar
Google Scholar is a freely accessible web search engine that indexes the full text or metadata of scholarly literature across an array of publishing formats and disciplines. Released in beta in November 2004, the Google Scholar index includes peer-reviewed online academic journals and books, conference papers, theses and dissertations, preprints, abstracts, technical reports, and other scholarly literature, including court opinions and patents. Google Scholar uses a web crawler, or web robot, to identify files for inclusion in the search results. For content to be indexed in Google Scholar, it must meet certain specified criteria. An earlier statistical estimate published in PLOS One using a mark and recapture method estimated approximately 80–90% coverage of all articles published in English with an estimate of 100 million.''Trend Watch'' (2014) Nature 509(7501), 405 – discussing Madian Khabsa and C Lee Giles (2014''The Number of Scholarly Documents on the Public Web'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Medical Injury Compensation Reform Act
The Medical Injury Compensation Reform Act (MICRA) of 1975 was a statute enacted by the California Legislature in September 1975 (and signed into law by Governor Jerry Brown in September), which was intended to lower medical malpractice liability insurance premiums for healthcare providers in that state by decreasing their potential tort liability. MICRA's stated justification, in turn, was to keep healthcare providers as a whole financially solvent, thus lowering the cost of healthcare services and increasing their availability. MICRA's constitutionality was repeatedly challenged during the 1970s and 1980s, but most of it was eventually upheld as constitutional under rational basis review by the Supreme Court of California or the California Courts of Appeal. Almost all of MICRA is still in effect and still part of California law, though many of its provisions were updated in 2022 by AB 35. Provisions Damage cap Non-economic damages are limited to $250,000. Non-economic damages ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judgment Notwithstanding The Verdict
Judgment notwithstanding the verdict, also called judgment ''non obstante veredicto'', or JNOV, is a type of judgment as a matter of law that is sometimes rendered at the conclusion of a jury trial. In U.S. federal civil court cases, the term has been replaced by the renewed judgment as a matter of law, which emphasizes its relationship to the judgment as a matter of law, formerly called a directed verdict. In U.S. federal criminal cases, the term is "judgment of acquittal". In American courts, JNOV is the practice whereby the presiding judge in a civil jury trial may overrule the decision of a jury and reverse or amend their verdict. In literal terms, the judge enters a judgment notwithstanding the jury verdict. The rarely-granted intervention permits the judge to exercise discretion to avoid extreme and unreasonable jury decisions. A judge may not enter a JNOV of "guilty" following a jury acquittal in United States criminal cases. Such an action would violate a defendant's Fifth ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Misrepresentation
In common law jurisdictions, a misrepresentation is a false or misleading '' R v Kylsant'' 931/ref> statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract. The misled party may normally rescind the contract, and sometimes may be awarded damages as well (or instead of rescission). The law of misrepresentation is an amalgam of contract and tort; and its sources are common law, equity and statute. In England and Wales, the common law was amended by the Misrepresentation Act 1967. The general principle of misrepresentation has been adopted by the United States and other former British colonies, e.g. India. Representation and contract terms A "representation" is a pre-contractual statement made during negotiations. If a representation has been incorporated into the contract as a term, then the normal remedies for breach of contract apply. Factors that determine whether or not a representation has beco ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Directed Verdict
In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. In a bench trial, the judge's decision near the end of the trial is simply referred to as a finding. In England and Wales, a coroner's findings used to be called verdicts but are, since 2009, called conclusions (see ). Etymology The term "verdict", from the Latin ''veredictum'', literally means "to say the truth" and is derived from Middle English ''verdit'', from Anglo-Norman: a compound of ''ver'' ("true", from the Latin ''vērus'') and ''dit'' ("speech", from the Latin ''dictum'', the neuter past participle of ''dīcere'', to say). Criminal law In a criminal case, the verdict, which may be either "not guilty" or "guilty"—except in Scotland where the verdict of "not proven" is also available—is handed down by the jury. Different counts in the same case may have different verdicts. A verdict of guilty in a criminal case is generally followed by a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
