P ROFESSOR P ALMER T ORTS I – QUESTIONS W EEK 8 1. Juan went to the doctor complaining about a pain in his ankle. The doctor told his nurse that all of the doctor’s patients should have flu shots. The nurse then gave Juan a flu shot while the doctor was examining Juan’s ankle. Juan did not realize that he was going to get a flu shot. Will the court use the medical community standard of care of informed consent; the patient oriented standard of care of informed consent or will the court just hold the doctor liable? Explain your answer. The doctor because the patient didn’t consent to the shot. This is a consent question, there was no consent. The issue in these cases, is if there is implied consent? Don’t get into standard of consents because that is informed consent. 2. Sometimes appellate courts rule, as a matter of law, what the reasonable person would do under particular circumstances. What are the advantages of such an approach? What are the disadvantages? Advantages: Predictability Disadvantages: Does not leave room for extraordinary cases
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This note was uploaded on 10/20/2009 for the course TORTS 106 taught by Professor Palmer during the Spring '08 term at McMaster University.