Mr. Damião Ximenes Lopes was admitted to Casa de Repouso on October 1st, 1999 to receive treatment for his mental illness. When his mother, Mrs. Albertina Ximenes, went to visit him three days later, Mr. Lopes had his hands bound behind his back.  He was bruised, his head was swollen, his nose bloody, and he …Read more

A doctor, Y, was treating Mrs. X during her pregnancy. Y suspected a breech presentation (buttocks- or feet-first presentation rather than the normal head-first presentation) during the 8th month of pregnancy. The mother wanted a home birth. On 12 January, the child was born in a home birth and as a result of inadequate medical …Read more

The case was brought by BT on behalf of herself and on behalf of the estate of her late husband, AT, against the defendant, a general practitioner, who was AT’s doctor from 26 November 1991 to 22 January 1993. The case arose as a result of the defendant’s alleged negligent failure to diagnose AT’s HIV …Read more

In July 1980 the appellant, who was 12 years old at the time, was struck on the head by the bag of a schoolmate and collapsed. The appellant was seen by a general practitioner who referred him to Western General Hospital, the first respondent, where he was placed under the care of Mr. Jensen, the …Read more

Mrs. Shantha, the Petitioner, was admitted to the Government Maternity Hospital for a caesarian section. She was affected sterilization after the caesarian section. On leaving the hospital after the operation, she felt abdominal discomfort leading to very severe pain. Following medical examination, it was discovered that surgical equipment had been left inside the Petitioner’s abdomen …Read more

The plaintiff is the father of a child who suffered from seizures and who received brain damage due to a particular seizure. During that particular seizure, the mother had sent another child to call the local doctor, one of the defendants, who did not come. As New Zealand imposes a statutory duty on doctors to …Read more

The Regional Council of Medical Association struck the applicant off the register of practitioners on account of professional misconduct such as not examining the patients personally and not monitoring or adjusting the treatment. On appeal, the National Council modified the Regional Council’s order of striking off to disqualifying him from practicing medicine for three years. …Read more

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

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

Applicant, a stateless person with a Swedish alien’s passport, was arrested in Scotland on suspicion of committing murder in Ireland. Applicant was taken to Ireland, convicted of murder, and sentenced to penal servitude for life. Applicant claimed that his trial was “rigged and fixed” as a result of a conspiracy between the judge, his own …Read more