Law 3101A/B Chapter Notes - Fall 2017 Chapter 6 - Nervous shock in English law, Catastrophic injury, Neurosurgery
Document Summary
Part 1: legal meaning of the term negligence . Broad meaning a branch of tort law. Narrow meaning a breach of the standard of care. Negligence liability applies to the full range of professional conduct. Liability is not limited to the intervention itself. Interviewing, taking a history, diagnosing a problem, referrals - all fair game. Not liable in negligence because the patient dies, the operation fails or the decision was wrong. Physicians can"t be expected to guarantee outcome of provided services. Negligence is the failure to exercise the standard of care expected of a reasonable person in all the circumstances of the case. (negligence = careless or substandard care) Negligence turns on meeting the standards of his or her peers and profession. Was not yet diagnosed, doctor gave him day pass. Shot both his children and committed suicide. Mother of children sues doctor alleging that he had breached standard of care by giving day pass before nal diagnosis.