Reference no: EM13777245

Brief a Case

Case Title: Leslie Vs Aaron

The Facts of the Case: Leslie is the petitioner who files a suit against Aaron. Aaron is a physician licensed to practice medicine in Arizona. However, Leslie, who is a California resident saw a television interview with Aaron and contacted his office in Arizona about a surgical procedure, which Aaron performed on her in Arizona. However, the surgery resulted in significant complications and Leslie sued Aaron in California for malpractice and other torts.

Proceedings below: A court of appeal in Missouri handled a related case and held that the doctor did not act beyond his capacity given that the surgical procedures were conducted in a country where he was authorized to operate. As such, the Missouri court invalidated the case finding no violation of Missouri's laws. Similarly, in this case, the doctor did not provide the services in California, but in Arizona where he is permitted to work.

The Questions before the court: The court must determine the location where the surgery was conducted, and whether Aaron acted beyond the powers bestowed on him to conduct the surgical procedure.

Holding: A similar case in the Missouri court of appeal was dismissed following the argument that the Missouri court did not have personal jurisdictions over the doctor who was licensed to operate in Kansas. For that reason, the court held that the doctor did not provide the services in Missouri.

Reasoning: Despite the fact that the operation on Leslie was unsuccessful, the doctor did not violate the laws of California. Additionally, he acted within the powers bestowed on him by the Arizona state. Further, the tort alleged in this case did not occur in California, but in Arizona, where the surgery took place.

Important Concurrence: It was unanimously agreed by all the Supreme Court judges that physicians who act within their jurisdiction cannot be held liable for damages arising thereafter. Therefore, Aaron can successfully argue his case out by articulating that he did not violate any Arizona laws and only acted within his powers. Nevertheless, Aaron did not advertise his services in California but was only the subject of an interview on television that was seen by Leslie. Consequently, that does not create sufficient contact with California to create jurisdiction (Epstein, 2006).

Dissenting: None of Importance.