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Gian-Cursio v State
Ct. App. FL, 1965
Author:- Sam Biers
Relevant Facts: Two doctors, engaged in a holistic practice of medicine, accepted a patient who had pulmonary tuberculosis. The victim’s condition had remained dormant for 10 yrs after being diagnosed. His original doctor recommended hospitalization and drug treatment, he refused and enlisted the aid of the dfs. Df’s treatment consisted of no drugs, vegetarian diet, and fasting. In the winter the victim was advised to go to FL. Shortly thereafter he died. Local doctors pointed out that had proper treatment been given the man would have survived.
Legal Issue(s): Whether the death of the victim while under the care of the df constituted criminal negligence?
Court’s Holding: Yes
Procedure: Trial ct. conviction for manslaughter, sentenced to 5 yrs (suspended for df 2) Motion of new trial denied. Affirmed
Law or Rule(s): If a person acting as a doctor or surgeon, exhibits gross lack of competency, or gross inattention, or criminal indifference to the patient’s safety, arising from his gross ignorance of the science of medicine, and death results, he is criminally liable.
Court Rationale: If a person undertakes to cure others who are susceptible of following that advise, that practitioner cannot escape the consequence of his ignorance of accepted and established remedies and methods for the treatment of diseases. Liability is not dependent upon whether or not the practitioner acted with good intent in administering the treatment.
Plaintiff’s Argument: The treatment by the df advanced the disease, and caused the death which could have been prevented.
Defendant’s Argument: Df’s treatment conformed to generally accepted practice of drugless healers and was rendered in good faith to help the victim.