Torts II - Intro/Informed Consent
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| Tort | A civil wrong or injury, other than breach of contract, for which the law will provide a remedy
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| Negligence: Elements | 1. Duty - legally recognized relationship btwn parties, req D to act certain way
2. Breach - failure D, meet req'd Standard of Care
3. Causation - nexus btwn D's conduct & injury to P. Factual (actual) cause, Proximate (legal)
4. Damages - $ award, lo
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| Breach - Reasonably Prudent Person Standard of Care | D is held to the standard of care of a reasonably prudent person in the same or similar circumstances
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| Role of Custom in Determining Breach | Generally, custom/industry practice may be used as evidence of what RPP would do under same/similar circumstances. NOT conclusive test (custom itself = unreasonable/inapplicable under circumstances)
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| Professional Standard of Care | Ordinary member of the profession in good standing, under same/similar circumstances
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| Malpractice - Physician Standard of Care & Custom | Custom becomes standard of care. Compliance conclusively demonstrates reasonable conduct, while deviation conclusively, unreasonable.
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| To prove medical malpractice - | Offer affirmative evidence of custom using expert testimony, unless conduct so grossly apparent, layperson would be able to recognize
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| Adopted Patient Rule | Doctor owes duty to inform the patient of all material risks incident to treatment
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| Rejected Ordinary Physician Rule | Doctor owes duty to inform of risks that an ordinary physician would inform
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| Informed Consent - Material risks | Any risks that would likely affect patient's decision
EXCEPTIONS (where disclosure not required): known risks, patient's best interest, emergencies
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| Informed Consent | Doctor must disclose all material information, including physician's personal interests in recommended treatment unrelated to patient's best interests
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| Standards of Care for informed consent | Physician Rule (majority rule) - ordinary physician standard, community custom determinative.
Patient Rule - disclosure of all material risks & alternatives unless obvious, emergencies, patient's best interest
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