THE PROFESSIONAL STANDARD

Question 1

OSBORN V. IRWIN MEMORIAL BLOOD BANK (BLOOD BANK CASE)

Answer 1

Plaintiff contracted AIDS from blood received from defendant’s blood bank – defendants were not liable because no other blood banks were testing for AIDS at that time, so reasonable care conducted looking at customs of other professionals

Question 2

VERGARA V. DOAN (BABY DELIVERY CASE)

Answer 2

Plaintiffs claim negligence by defendant (doctor) during the delivery of their baby – looking at professionals in the same class around the country (no modified locality rule), defendant did not act unreasonably compared to other professionals so no liability

Question 3

MCGRAW V. ST. JOSEPH’S HOSPITAL (NURSE DROPPING CASE)

Answer 3

Defendants were hospital personnel, not doctors, and dropped plaintiff twice while in hospital – defendants were not doctors, so no professional standard of care, and they did not use reasonable care so liable