Physical incapacity is a legal term which refers to a condition in which a person is physically unable to complete an action, or provide consent. This can be due to a wide range of physical and mental health conditions, and may range from something as minor as a sprained ankle to a major medical condition like paralysis.
How Does Physical Incapacity Impact Legal Matters?
Physical incapacity has implications in a variety of legal matters, such as criminal defendants or people entering into contracts. For example, a criminal defendant may be considered physically incapable of entering a plea or of making decisions related to their defence if they are in a coma or court-deemed to be mentally incapacitated. Such defendants then must rely on other parties, such as medical professionals or family members, to provide a defence on their behalf. Similarly, individuals who are mentally or physically incapacitated can enter into legally binding contracts, but many states have laws which allow such contracts to be voided if it can be proven that the incapacitated person was not able to understand the terms and conditions of the agreement.
Examples of Physical Incapacity Cases
One famous case of physical incapacity involved tennis star James Blake. In 2015, Blake was tackled to the ground by police officers in New York City while they were investigating a crim. Blake, an African-American, was assumed to be a suspect but later released when it was found that he had no involvement. Blake later sued the city of New York for $15 million, arguing that he was physically incapacitated and unable, to provide consent to the officers’ actions. Ultimately, Blake was able to receive damages for the physical and emotional trauma he experienced.
Physical incapacity can also be seen in cases of medical malpractice. In 2017, a California jury awarded $66 million to a physically incapacitated patient who was misdiagnosed by a doctor. The jury determined that the doctor failed to properly diagnose and treat the patient’s issues due to a lack of physical capacity, which led to the patient being left permanently disabled and unable to work.
Conclusion
Physical incapacity can have both legal and personal impact on an individual’s life. In these cases, legal proceedings and outcomes are greatly affected by a person’s physical inability to provide consent or otherwise make informed decisions. Therefore, it is important to understand what physical incapacity legally means and the potential implications it can have for someone in need of legal assistance.