LAW 122 Lecture Notes - Lecture 17: Vasectomy, Acne Vulgaris, Side Effect
Document Summary
Serious side-effect is that if pregnant this drug and deform baby the doctor tells her the risks. She says she will not since her husband has a vasectomy. Know she is pregnant, and the doctor tells her the baby will be deformed. Issue: is the doctor liable for negligence. But he did not breach standard of care, since she was informed, also she made the inform decision. In this case the child sued the doctor. Cannot sue mother since there is a law in place to protect mothers . They can make the argument that the doctor had reasonably foreseeable, and was close to mother, and there is no policy in place to protect doctor . However the doctor was seen as being reasonable and not breaching standard of care. Therefore the doctor was not seen liable. Focus on the defendant"s actions or omissions.
