S.O.C. Flashcards
1
Q
The main SOC
A
- RPPuSSC
2
Q
Reasonable child
A
- of like age, intelligence, maturity and experience
- some juris, all under 7 are exempt
3
Q
Negligence per se - majority
A
- statute sets the standard, violation = breach
- P must show: proper type of harm, P in protected class, appropriate and specific, not bad policy, statute not just a codification of RPPuSSC
- child SOC trumps neg per se
4
Q
Negligence per se - minority
A
- SOC remains RPPuSSC
- violation of statute is only evidence of breach, but still need to do B<PL analysis
5
Q
Negligence per se - exceptions
A
- incapacity
- inability for reasonable compliance
- emergency not of D’s making
- more dangerous to comply
6
Q
Professional/Medical Malpractice
A
- must exercise the degree of skill, knowledge, andcare possessed by members of that profession
- SOC = custom
- BOD = deviation from that custom
- expert testimony allowed/needed, jury decides weight
7
Q
Informed Consent - Physician Rule
A
- minority
- SOC = custom sets it, need expert witnesses
- BOD = not following custom, P needs to show that custom is to disclose the information
8
Q
Informed Consent - Patient’s Rule
A
- majority and CA
- SOC = physician is obligated to disclose all “material” risks involved or “material” risks of not doing procedure
- “material” risk is one that would affect patient’s decision, expert not needed
- BOD = failing to disclose those risks
- CIF split = objective = majority = if reasonable person would have declined the treatment, subjective = minority = P would have rejected treatment had she known
9
Q
Informed Consent - Defense
A
- emergency or patient requested non-disclosure
- therapeutic priviledge - minority
