Legal Opinion · Concurring in the judgment

George Mitchell v. State of Washington

Court of Appeals for the Ninth Circuit

Decided March 14, 2016No. 13-36217Published

1Concurring in the judgmentClifton, Circuit Judge

One of the primary teachings of the Hippocratic School is embodied in the maxim “first do no harm.” The phrase serves as a guiding principle for physicians who are debating the use of an intervention that carries an obvious risk of harm but a less certain chance of benefit. In this case, Dr. Thomas Bell refused to prescribe a course of interferon and' ribavirin therapy to treat Geprge Mitchell’s Hepatitis C because he determined that the treatment was more likely to harm Mitchell than cure him. The primary basis for Dr. Bell’s treatment decision was that the progression of Mitchell’s…

2Cases cited11 opinions

  1. Pearson v. CallahanSupreme Court of the United States · 2009
  2. Warsoldier v. WoodfordCourt of Appeals for the Ninth Circuit · 2005
  3. Goehring v. BrophyCourt of Appeals for the Ninth Circuit · 1996
  4. Pickup v. BrownCourt of Appeals for the Ninth Circuit · 2013
  5. Fleming Sales Co., Inc. v. BaileyDistrict Court, N.D. Illinois · 1985

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