Bradshaw v. Daniel case brief summary
854 S.W.2d 865 (Tenn. 1993)
SYNOPSIS: On an interlocutory appeal, the Court of Appeals (Tennessee) granted defendant physician's motion for summary judgment and held that the facts were insufficient to show that the risk to a non-patient of contracting Rocky Mountain Spotted Fever was such that a legal duty arose on the physicians' part to warn the non-patient of the risk of exposure to the disease. Plaintiff, the son of the non-patient who had died from the disease, appealed.
OVERVIEW: The non-patient's husband had died from the disease. When the non-patient died from the disease only a few days after her husband, her son filed a suit against the husband's physician and alleged that his negligence in failing to advise the non-patient that her husband died of the disease, and in failing to warn her of the risk of exposure, proximately caused her death. Upon retrial of the case, the trial court denied the physician's motion for summary judgment but granted an interlocutory appeal on the issue of the physician's legal duty. The court of appeals refused to consider the physician's trial testimony in its determination of the substantive issue of legal duty. The court reversed.
HOLDING:
The court held that the physician had a duty to warn his patient's wife of the risk to her of contracting Rocky Mountain Spotted Fever, when he knew, or in the exercise of reasonable care, should have known, that his patient was suffering from the disease.
ANALYSIS:
-The court found that because there were no extraordinary circumstances that would have justified disregarding the physician's testimony, it would consider the entire record on appeal.
-The court remanded the case for further proceedings.
OUTCOME: The court reversed the judgment of the court of appeals on the issue of the physician's legal duty to warn a non-patient of the risks of contracting Rocky Mountain Spotted Fever. The court remanded the case for further proceedings.
---
Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?
-->
854 S.W.2d 865 (Tenn. 1993)
SYNOPSIS: On an interlocutory appeal, the Court of Appeals (Tennessee) granted defendant physician's motion for summary judgment and held that the facts were insufficient to show that the risk to a non-patient of contracting Rocky Mountain Spotted Fever was such that a legal duty arose on the physicians' part to warn the non-patient of the risk of exposure to the disease. Plaintiff, the son of the non-patient who had died from the disease, appealed.
OVERVIEW: The non-patient's husband had died from the disease. When the non-patient died from the disease only a few days after her husband, her son filed a suit against the husband's physician and alleged that his negligence in failing to advise the non-patient that her husband died of the disease, and in failing to warn her of the risk of exposure, proximately caused her death. Upon retrial of the case, the trial court denied the physician's motion for summary judgment but granted an interlocutory appeal on the issue of the physician's legal duty. The court of appeals refused to consider the physician's trial testimony in its determination of the substantive issue of legal duty. The court reversed.
HOLDING:
The court held that the physician had a duty to warn his patient's wife of the risk to her of contracting Rocky Mountain Spotted Fever, when he knew, or in the exercise of reasonable care, should have known, that his patient was suffering from the disease.
ANALYSIS:
-The court found that because there were no extraordinary circumstances that would have justified disregarding the physician's testimony, it would consider the entire record on appeal.
-The court remanded the case for further proceedings.
OUTCOME: The court reversed the judgment of the court of appeals on the issue of the physician's legal duty to warn a non-patient of the risks of contracting Rocky Mountain Spotted Fever. The court remanded the case for further proceedings.
---
Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?
-->
No comments:
Post a Comment