Health Sciences 3101A/B Lecture Notes - Lecture 8: Fiduciary, Texas Education Agency Accountability Ratings System, Institute For Operations Research And The Management Sciences

• School: Western University
• Department: Health Sciences
• Course: Health Sciences 3101A/B
• Professor: Robert Solomon

Document Summary

Traditionally, no general duty of care in negligence to take positive action to benefit another person. You just need to refrain from wrongful positive acts. If you have a special relationship, had a statutory or contractual duty to intervene. Special relationships: parent child, teacher/student, occupier/entrant, employer/employee, Part one: duties to rescue & render ad, treat and refer: the duty to rescue and render aid. Hcp have no common law duty of care in negligence to assist at the scene of a crash. Hcp have a duty to render aid if emergency arises in the course of an existing relationship (ex. Little reason to fear liability in intervening in emergency. Good samaritan 2001 protects hcp and others who intervene unless grossly negligent. Hcp may have ethical or professional obligation to rescue and aid: duty to treat. Hcp cant refuse pts due to discrimination, but they can limit the size of their practice and tailor it to reflect their interest/expertise.