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Full-Text Articles in Torts
Torts-Breach Of Duty-Right To Recover For Prenatal Injuries, Patrick J. Ledwidge S.Ed.
Torts-Breach Of Duty-Right To Recover For Prenatal Injuries, Patrick J. Ledwidge S.Ed.
Michigan Law Review
Plaintiff, as administrator, brought an action to recover for the death and conscious suffering of plaintiff's intestate, allegedly injured, while a viable child within her mother's womb, by the tortious act of the defendant. Defendant's demurrer to the declaration was sustained. On appeal, held, affirmed. Neither the infant nor its personal representative has a cause of action for prenatal personal injuries. Bliss v. Passanesi, (Mass. 1950) 95 N.E. (2d) 206.
Torts-Malpractice-Duty Of Drugless Healer To Refrain From Or Discontinue Treatment, Morton L. Simons
Torts-Malpractice-Duty Of Drugless Healer To Refrain From Or Discontinue Treatment, Morton L. Simons
Michigan Law Review
Defendant, a drugless healer licensed under statute as a sanipractor, undertook to treat plaintiff for what both parties realized was diabetes. Defendant followed standard sanipractic procedure, prescribing diets and baths. The treatment was unsuccessful, and plaintiff's health deteriorated greatly. Apparently on the theory that a sanipractor incurs no liability if he follows the accepted methods of his school, the trial court, notwithstanding jury's verdict for plaintiff, rendered judgment for defendant. On appeal, held, reversed and remanded, with directions to enter judgment on the verdict Where a drugless healer knows or should know that his method of treatment is not …