Day 5

Question 1

When does a physician have negligence liability under the informed-consent doctrine?

Answer 1

A physician who fails to disclose the risks of a medical treatment or procedure to a patient is liable for negligence if
1. the failure to disclose caused the patient to consent
and
2. the undisclosed risk materialized and resulted in physical harm.

Question 2

Elements of Assault

Answer 2

the D intendeds to cause the P to anticipate and imminent, and harmful or offensive, contact with the P’s person
and
the D’s affirmative conduct causes the P to anticipate such conduct.

Question 3

Invasion of privacy types

Answer 3

I FLAP:

Intrusion upon seclusion
False Light
Mis(Appropriation)
Public Disclosure of Private Facts

Question 4

What is Conversion and when does it occur?

Answer 4

Conversion is an intentional and substantial interference with another’s right to control a chattel.

it occurs when a D refuses to return a chattel upon demand to a P who is entitled to its immediate possession.

In the event of conversion the P can recover the fair market value of the chattel at the time of the conversion

Question 5

What is a wrongful birth claim?

Answer 5

Allows parents to recover for the birth of an unhealthy child if they can prove that:
1. the doctor neg. failed to inform them of the substantial risk that their future child may have a birth defect.
and
2. had the parent known about the risk, the child would not have been conceived or born.