Torts Keyed to Dobbs
Hartwig v. Oregon Trail Eye Clinic
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Plaintiff, a maintenance worker, was disposing non-medical trash at Defendant’s clinic when she was stuck twice by needles penetrating a trash bag. She was given medical attention, and counseled by a nurse with regard to the danger of human immunodeficiency virus (HIV) or hepatitis infection. The nurse told her that she would require testing for HIV over a year’s period and should conduct herself as if she were infected. She was tested, and after three months medical professionals concluded that there was a 95% chance she was not infected. Prior to trial, Appellee offered a Motion in Limine to exclude testimony concerning Plaintiff’s mental anguish and, while sustaining Appellant’s Motion for a Directed Verdict instructed the jury that it may not award any damages for anxiety, mental suffering or emotional distress. The jury returned minimal damages, the trial denied Plaintiff’s Motion for a New Trial, and she appealed.
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