Negligence - Duties - People

Question 1

general duty of care

Answer 1

One owes a general duty of care to act as a PORP - a prudent, ordinary, reasonable person - under the circumstances, to all foreseeable plaintiffs in the zone of danger.

NOTE: a PORP possesses the physical traits of the defendant, but has the intelligence and mental capacity of an ordinary person.

Question 2

duty owed by children

Answer 2

Children owe a duty to act as typical of one of similar AI-EE - age, intelligence, experience, and education.

NOTE: In most jurisdictions, children under the age of 5 are not deemed to have a duty of care.

Question 3

duty owed by professionals

Answer 3

Professionals owe a possess and exercise the knowledge and skills of a member of the same profession, in good standing, in a similar community.

NOTE: Doctors are held to a national community standard (doctors who are specialists are held to a national community standard and compared to other specialists, not general doctors).

Question 4

causes of action for a parent to sue a doctor

Answer 4

1) wrongful birth

2) wrongful pregnancy

Question 5

wrongful birth

Answer 5

parent can sue doctor for failure to diagnose a congenital defect of the fetus

Question 6

wrongful pregnancy

Answer 6

parent can sue doctor for failure to properly perform a contraceptive procedure

Question 7

Who may sue a doctor for wrongful birth?

Answer 7

Only a parent; never a child

Question 8

May a child sue a doctor for wrongful life

Answer 8

No

Question 9

If a child is born handicapped, may he sue his mom’s doctor for wrongful life?

Answer 9

No

Question 10

In a wrongful birth or wrongful pregnancy suit, what may a parent recover?

Answer 10

1) additional medical expenses
2) pain & suffering

but NO DAMAGES for ordinary child-rearing expenses!

Question 11

When may a child or parent sue for wrongful life?

Answer 11

NOT SURE - find out answer to this!!!