Should A JW Be Allowed To Sue A Hospital For Giving Blood Against His Wishes?

by minimus 40 Replies latest jw friends

  • llbh
    llbh

    John you are confusing issues and conflating them. If a cop searches you, providing he is acting within the guidelines, you have no recourse. If he goes beyond those guidelines, you do have a course of action, and in the case of the scenario you give, it sounds like a sexual assault .

    Awarding damages in the case you first started is notoriously difficult and more than a little capricious. It will also vary from jurisdiction to jurisdiction, even within the US.

    In the case you first cited the doctor did make a mistake and acted against the express wishes of the patient, which is a totally different case to the second scenario. In the first case the doctor owed a duty of care and was in breach of that duty. So the second case helps little in illuminating the first.

    David

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