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- Title
Ye v. United States.
- Authors
Miller, Michael T.
- Abstract
The article focuses on the Te versus United States due to assurance of good health in the U.S. The patient was diagnosed with heart disease visited the state-employed physician six times over a one-year period. The doctor assured the patient was fine and told him to return after three months. However, the patient suffered a congestive heart failure resulting in a generative nerve condition that required a long term medication. A case was then filed against the physician. The Third Circuit held that the doctor's action a state-created danger claim requires that harm ultimately caused was foreseeable and direct, while the state actor acted with a degree of culpability that shocks conscience. Thus, the doctor's action did not constitute a state-created danger claim.
- Subjects
UNITED States; ACTIONS &; defenses (Law); CONGESTIVE heart failure; DIAGNOSTIC errors; COURTS; PHYSICIAN-patient relations; HEART failure; PUBLIC health; HEART diseases
- Publication
Urban Lawyer, 2007, Vol 39, Issue 4, p1045
- ISSN
0042-0905
- Publication type
Article