Crowhurst and Dobson

Question 1

5 typical exceptions to the rule requiring that informed consent be obtained from the pt prior to treatment.

Answer 1

1. medical emergency
2. incompetency
3. therapeutic privilege
4. waiver from pt
5. mentally ill and dangerous

Question 2

tort

Answer 2

a civil injury to persons or their property inflicted by another, either intentionally or unintentionally

Question 3

intentional torts

Answer 3

battery, assault, false imprisonment, deliberate infliction of emotional distress and trespass.

Question 4

unintentional torts

Answer 4

negligence

Question 5

battery

Answer 5

defined as the unintentional and legally unpermitted physical contact with another person

Question 6

landmark battery case

-when the procedure performed differs either in kind or scope from that for which consent was given

Answer 6

Schloendorf v. Society of the New York Hospital (1914)

-McCandless v. New York (1957)

Question 7

landmark battery case

-where important info about the procedure is omitted or misrepresented, the consent is vitiated and invalid

Answer 7

Salgo v. Leland Stanford Jr. Univ Board of Trustees

-established a new duty to disclose risks of treatment as well as alternatives to the treatment being proposed.

Question 8

Negligence

Answer 8

the failure to use due care in ones actions or omissions which results in an unintended injury to another.

Question 9

four essential elements of negligence which must be proved:

Answer 9

1. the defendant has a legal duty owing to the plaintiff
2. the defendant breaches that duty
3. the plaintiff incurs an injury that is quantifiable in monetary terms
4. the breach of duty is the direct cause of the injury