Respondent, Steven McCourt, as representative of his wife, Wendy McCourt, brought wrongful death and survival causes of action against appellant physicians, Glenn Abertnathy and J.D. Clyde and Family Medicine Associates. Decedent Wendy McCourt sought treatment from appellants in December 1987. Dr. Abernathy obtained a history from Wendy revealing a history of liver problems. In March …Read more

The applicant was given a number of blood transfusions and was found to have been infected with the AIDS virus. He alleged that he had been infected a result negligent delay of the Minister for Solidarity, Health and Social Protection in implementing appropriate rules for the supply of blood products. After having made unsuccessful efforts …Read more

Petitioner, physician Michael Burditt, appealed a $20,000 civil penalty determination made by respondent, the Executive Appeals Board of Department of Health and Human Services, for the petitioner’s violation of the Emergency Medical Treatment and Active Labor Act (EMTALA). On December 5, 1986 at 4:00pm, Ms. Rosa Rivera arrived at the emergency room of DeTar Hospital …Read more

Malette, a Jehovah’s Witness, sued Dr. Shulman for administering a blood transfusion contrary to her prior expressed wishes. Malette was rushed to the emergency room after sustaining serious injuries in a car accident. She was semi-conscious and bleeding profusely. One of the nurses found a card in her purse, which stated she was a devout …Read more

Plaintiffs, Toni Wideman and her husband, filed suit under 42 USCA Section 1983 which permits civil action for the deprivation of Constitutional rights, against defendants, DeKalb County, Shallowford Hospital, and three DeKalb County EMS employees in their official capacities, seeking damages for the wrongful death of their child. On April 12, 1984, Toni Wideman, who …Read more

Appellant, Brenda Payton, suffered from end stage renal disease and required weekly dialysis. She also suffered from drug addition, mental illness, and poverty. She brought action against respondents, physician John C Weaver, Jr. and Alba Bates and Herrick hospitals, in form of petition for writ of mandate alleging that they wrongly failed to provide her …Read more

Ms. Nash brought an action for compensation under the Victorian Worker’s Compensation Act 1928 (the 1928 Act) against her former employers, Sunshine Porcelain. She claimed compensation was payable after she contracted silicosis in the workplace. Sunshine Porcelain Potteries employed Ms. Nash in the years 1931-38. During her time as an employee of Sunshine Porcelain, Ms. …Read more

Plaintiff, Darius M. Manlove, as administrator, brought suit against defendant, Wilmington General Hospital, a private hospital, to recover damages for the wrongful death of his infant, Darien E. Manlove, who was refused treatment at the emergency ward of the hospital.  On January 4, 1959, four month old Darien E. Manlove developed diarrhea and a fever. …Read more

Plaintiff brought action for malpractice against defendant physicians at the “Budge Clinic,” for (1) negligently treating him and discharging him and (2) refusing to treat and abandoning him when he was in immediate need of medical treatment. On March 11, 1935 plaintiff went to Budge Memorial Hospital to seek treatment for an infected hand. Defendant …Read more

Appellant George D. Hurley, as administrator, sued Appellee George W. Eddingfield, a licensed and practicing family physician, for $10,000 in damages for wrongfully causing the death of his intestate. Appellee had been the decedent’s family physician. Decedent became dangerously ill, and requested appellee’s service. A messenger informed appellee of decedent’s severe illness, gave him a …Read more