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What is the majority view on basic professional's standards of care?
"Skill and knowledge ordinarily possessed and exercised by the profession."
If expert testimony can establish the customary oraccepted practice standard in the profession, thatstandard fully describes the professional’sobligatory level of care.
Testimony about what should have been done, if itadvocates deviation from customary care, cannotovercome the controlling power of custom (andought to be treated as not relevant).
How do you determine a professional's reasonable care?
Reasonable care is determined by comparing anactor’s conduct with the conduct of otherssimilarly situated and with similar professionaltraining.
How does federal law define a professional who is held to the professional's standard of care?
he work must be predominantly intellectualand non-routine ***
involving the consistent exercise of discretionand judgment ***
and must not be standardized in terms oftime.***
The position also must require knowledgecustomarily acquired by specialized study inan institution of higher learning.
What locality standards have been applied to the professional's standard of care?
The professional standard has beenapplied with locality rule, modifiedlocality rule, and nationalstandard.
The national standard fits modernconditions best.
What is the exception to the professional's standard of care
A common knowledge exception withdrawsthe requirement of expert testimony aboutprofessional standards in some medicalmalpractice cases.
Those cases involve gross lack of care, non-complex matters of diagnosis, andcustodial or routine hospital care.
How does res ipsa loquitur apply to medical malpractice?
When a patient is injured while unconscious,all those who participated in the patient’scare will be jointly and severally liable forthe damages, with each having the ability toavoid judgment by proving that he or she wasnot negligent or that his or her negligencewas not a cause of the plaintiff’s harm.
What is the duty of informed consent?
Physicians owe patients a duty of informed consent thatmandates providing patients with information priorto patients agreeing to medical work.
How do courts differ on the duty of informed consent?
One view defines the needed information according toa professional standard; another view asks whatinformation a prudent patient would want to have.
Causation is an element in these cases, so thatwhatever standard defines the required information,a plaintiff who claims injury because of inadequateinformation must show that the lack of informationcaused the patient to undergo the procedure.
What duty does a landowner owe a trespasser?
In most places, the duty a landowner owes toa trespasser is to refrain from intentional orwanton injurious conduct.
What is the attractive nuisance doctrine?
Attractive nuisance doctrine protects some childtrespassers from application of the ordinary limited dutyrules applicable to trespasser-landowner cases.
(i) There is a dangerous condition present on the land of which the owner is orshould be aware (usually artificial)
(ii) The owner knows or should know that young persons frequent the vicinity of thisdangerous condition;
(iii) The condition is likely to cause injury, i.e., is dangerous, because of the child’sinability to appreciate the risk; and
(iv) The expense of remedying the situation is slight compared with the magnitude ofthe risk.
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