Negligence - Duty of Healthcare Prioviders, Families, Charites, and Government

Question 1

Standard of care

Answer 1

Set by the medical profession

Question 2

Apologies

Answer 2

Some jurisdiction don’t allow apologies be used as evidence of a wrong doing

Question 3

Standards

Answer 3

National Standard
Modified Localities (similar communities)
Strict local standard

Question 4

Informed consent

Answer 4

Patient standard
Professional standard

Question 5

Patient standard

Answer 5

Sufficient information to enable an informed judgement by a reasonable person
Material and sufficient
Can include:
- nature of the condition
- risks
- probable benefits
- results of non-treatment
- available alternatives

Question 6

Professional standard

Answer 6

Only tell what a reasonable professional would
Not required to give success rate of the doctor

Question 7

Privilege for non-disclosure

Answer 7

Complicate the condition
Rare outcome

Question 8

Comparative fault for the patient

Answer 8

If patient failed to provide family history

Question 9

Res ipsa loquitur

Answer 9

Allowed on all defendants who had control over the patient

Question 10

Spouses

Answer 10

Allowed to sue each other

Question 11

Parents and children

Answer 11

Parents have immunity when
- reasonable parental authority (supervision)
- reasonable parental discretion (food, clothing, etc…)

Question 12

Reasonable parent standard

Answer 12

What would a reasonable parent do

Question 13

Duty to the world

Answer 13

Owe a duty to children if you owe a duty to the world

Question 14

Charities

Answer 14

Immunity for negligent torts
No immunity for intentional torts

Question 15

Government

Answer 15

Traditionally had full immunity

Question 16

Federal Torts Claim Act (FTCA)

Answer 16

Allowed to sue the government where a private citizen could be held liable
State law used where the tort occurred
Bench trial
Cannot sue for intentional torts (except for police officers)

Question 17

Discretionary immunity

Answer 17

Immunity from claims based on an act or omission by a government employee
Exceptions:
- where there is a mandated duty by statute, policy, or regulation
- where the action cannot be susceptible to social, economic, or policy analysis

Question 18

Planning v. Implementation

Answer 18

Planning = discretion and immunity
Implementation = no discretion and no immunity

Question 19

Feres doctrine

Answer 19

Common law
Government is not liable for injuries arising out of or in the course of activities incident to service
- location
- duty status
- factual situation

Question 20

State and municipal government

Answer 20

Some abolished immunity with exceptions
Some kept immunity with exceptions

Question 21

Special relationship

Answer 21

There was a commitment by law enforcement

Question 22

Public duty doctrine

Answer 22

Government owes a duty to the public at large, not to individuals

Question 23

Qualified immunity

Answer 23

Shields officers from discretionary functions
Plaintiff must show that the conduct violated a right a reasonable person would have known or (case precedent)

Question 24

Absolute immunity

Answer 24

Judicial and legislative officers

Question 25

Federal officers

Answer 25

BIVENS claim
West wall act
- negligence in scope of the job = immunity