Law 3101A/B Chapter Notes - Chapter 6: Contributory Negligence, Lifesaving
Document Summary
Negligence = breach of standard of care that would be expected of a reasonable person in the circumstances, given quali cations of a doctor. Intervention, assessing patient, diagnosis, taking history, designing treatment plan, record keeping, referrals, fail to control/ protect patient, hiring/ training staff. Can"t guarantee 100%, so failure, death, reaction = not necessarily negligence. Doctor"s error in judgment = not necessarily negligence. Negligence allegations = made against a speci c act, diagnosis, decision. Incompetence = doctor is unable to meet standards of profession. 6. 2 elements of a negligence action: duty of care: Defendant"s conduct creates foreseeable risk of physical injury to plaintiff: breach of standard of care: (most cases focus on this) Same standard of reasonable doctor given circumstance, medical training: causation: Doctor only liable if that one breach = directly cause of plaintiff"s loss; but for : remoteness of damages:
