LAW 122 Lecture Notes - Lecture 5: Vasectomy, Reasonable Person, Acne Vulgaris
2 Apr 2017
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Lecture 5 - continue of last class, negligence (on board) For example doctors have a duty of care to patients. Not to remote (note: all 3 must be meet to have someone liable of negligence ) Serious side-effect is that if pregnant this drug and deform baby. She says she will not since her husband has a vasectomy. Know she is pregnant, and the doctor tells her the baby will be deformed. Issue: is the doctor liable for negligence. But he did not breach standard of care, since she was informed, also she made the inform decision. In this case the child sued the doctor. Cannot sue mother since there is a law in place to protect mothers. They can make the argument that the doctor had reasonably foreseeable, and was close to mother, and there is no policy in place to protect doctor. However the doctor was seen as being reasonable and not breaching standard of care.
