Philosophy 2080 Study Guide - Lift Ticket, Contributory Negligence
9 Feb 2013
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Next week: read jordan house vs. menow and. Nothing wrong with the way the operation was performed. 44 years of age when he had the operation, plaintiff had a big stroke soon after causing severe physical problems as a result. Basis of law suite: if he had known more of the risks, he would not have had the operation. Plaintiff won at trial because the doctor breached his duty to disclose": nature of the operation and the attendant risks. Liability was found in negligence and in battery (intentional application of force without consent) Ontario court of appeal ordered new a new trial for negligence only. Doctor must explain to the patient in a way they can emotionally or intellectually understand. Experts were brought in to discuss statistical evidence of likelihood of risk; evidence given in a hypothetical way (only opinion evidence admissible in trial).
