Question

In the opening paragraph of his classic 1881 treatise The Common Law, Oliver Wendell Holmes Jr. wrote: “The life of the law has not been logic: it has been experience. The felt necessities of the time, the prevalent moral and political theories, institutions of public policy, avowed or unconcious, even the prejudices which judges shares with their fellow-men, have had a good deal more to do than the syllogism in determining the rules by which men should be governed.” How is Johnson v. Misericordia Community Hospital case an example of the truth of this passage

Answer 1

How is Johnson v. Misericordia Community Hospital case an example of the truth of this passage.

-Declarations made by other medics as to preceding inquiries showed into the archives of the medic in this circumstance, were not gossip since they were obtainable to demonstrate that info was obtainable to perpetrator hospital, not to show that the doctor was capable or inept.

-Dr. Salinsky started employed at the perpetrator after fabricating an amount of declarations on his submission for freedoms. These untruths were not exposed by a satisfactory evaluation of those submissions and, as a consequence, Dr. Salinsky was employed and later designated to paramount of staff at the hospital.

-Plaintiff then experienced operation for the elimination of a pin portion in his hip, and throughout the operation an artery was detached which caused in incomplete paralysis of his foreleg. Plaintiff established with the doctor. A bench later allocated the perpetrator 80% of the obligation, under a discovery of business neglect.