The applicants are Mrs. Mulkiye Osman and her son Ahmet Osman. Mr. Ali Osman, the husband and father of the applicants, respectively, was shot dead by Mr. Paul Paget-Lewis on 7 March 1988. Mr. Paget-Lewis was a former instructor of Ahmet Osman and had developed a strong attachment to him. Ahmet Osman was also wounded …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

CES (‘the first appellant’) sought damages from Superclinics (‘respondent’) for the loss of an opportunity to terminate her pregnancy. The first appellant, a 21-year-old woman, visited a doctor at Superclinics after she missed her period. She stated that if she were found to be pregnant, she would like the pregnancy terminated. The doctor did not …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

The plaintiff was infected with HIV through an artificial insemination (“AI”) procedure performed by the defendant physician in 1985, before the various methods of HIV transmission were widely known. The physician performed 35 AI procedures on the plaintiff between 1981 and January 1985. The physician did not warn the plaintiff about the possibility of HIV …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

Appellant doctor appealed an award of $808,564.38 to respondent patient. Appellant doctor had operated on the right eye of respondent patient in an attempt to improve its appearance and restore some sight as respondent patient’s right eye had been sightless from a previous injury. The lower court had found that appellant doctor had operated with …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

Kerstin H. had an operation intended to lessen pain in her hip, however after the operation she still suffered from the original ailment as well as new pain. Prior to the operation, Kerstin H. had been informed that the doctors aimed “to clean up the area around the nerve” (the doctors had also used such …Read more