LAWS 2201 Lecture Notes - Lecture 2: Contra Proferentem, Blood Transfusion, State Capitalism
Document Summary
Public law (government controlled) : the law of relationships between individuals and the government. Private law (citizens have control) : the law of relationships between individuals or institutions, rather than relations between these and the government. Labour relations act : this is the statute that regulates labor relations act and collective bargaining in the private sector in the providence. The plaintiff was in a car accident, was unconscious at the hospital. A nurse found a card indicated that the plaintiff was a jehovah"s witness and explicitly stated that under no circumstances was she to be given a blood transfusion. The doctor ignored this information and administered the transfusion anyway, believing that the procedure was medically necessary and that it was his responsibility to ensure the patient received life-saving treatment. The plaintiff made a full recovery and then sued the doctor for battery. Defendant doctor transfuses plaintiff jehovah"s witness knowing she objected. Whether doctor liable for trespass, negligence, assault, and battery.
