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5 Cards in this Set
- Front
- Back
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Consent |
Express or implied |
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Expressed consent |
written or orally Medical operations cannot be performed without expressed consent by patient or family member except in situations of emergency (*consent implied-by-law) |
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Implied consent |
Consent may be implied: 1) By overt manifestations 2) By the plaintiff’s conduct Implied consent is measured objectively: would a reasonable person conclude that consent was implied under the circumstances? With regard to contact sports, a P implicitly consents to the kind of contact ordinarily associated w/ the sport, but not to contact that is prohibited by rules of the game. Despite the fact that the plaintiff implicitly consented, that the law will vitiated the consent and deem it ineffective: |
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Consent is valid unless... |
The plaintiff was mistaken about the character and nature of the invasion; The plaintiff lacked capacity to consent; The consent was coerced or obtained by fraud (can be expressed or implied) or under duress; Situation in which no one can consent (by law (illegal act; statutory rape)); |
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Self-Defense |
The privilege of self-defense is limited to a reasonable use of force to be used only when: The individual reasonably believes that force is necessary under the circumstances (subjective requirement) AND A reasonable person would believe that force is necessary under the circumstances (objective requirement)
b) If the objective and subjective are satisfied, and the defendant is mistaken about the need for force, then the privilege still exists.
c) Force that threatens life or serious bodily harm may never be used unless one is being threatened with like force. (gun v. gun; not fist v. gun)
d) When the threat of harm disappears, the privilege of self-defense disappears.
e) The defendant is privileged to use reasonable force to defend another even when he is mistaken in his belief that intervention is necessary, so long as his mistake was reasonable.
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