would be adequate to safeguard the child at the intersection the mother did not

Would be adequate to safeguard the child at the

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would be adequate to safeguard the child at the intersection, the mother did not enlist another adult to walk the child to school. Soon thereafter, the child is struck by a taxicab while traversing the intersection alone to get to school. There is no crossing guard on duty at the intersection that day. The mother sues. Under similar circumstances, the New York Court of Appeals held that a “special relationship” arose between the mother and the child on the one hand, and the municipal government on the other hand. The municipality undertook to perform a specific function (providing a crossing guard), for the benefit of a specific class of persons—those who traverse the intersection. The mother relied on the continued presence of the crossing guard in permitting her child to walk to school alone, which entailed having to go through the intersection. [ See id. ]
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Duties of Physicians and Other Medical Professionals: Medical Malpractice Medical malpractice claims are specialized negligence claims. The standard of care may differ, depending on a variety of factors. Standard of Care for General Practitioners: Locality Rule In jurisdictions adopting the locality rule, the standard of care for general practitioners is “that degree of care, skill, and proficiency which is commonly exercised by ordinarily careful, skillful, and prudent [physicians], at the time of the [rendition of care],” in the same locality. [ See Vergara v. Doan , 593 N.E.2d 185 (Ind. 1992) ] Standard of Care for General Practitioners: Modified Locality Rule In jurisdictions adopting the modified locality rule, the standard of care for physicians is “that degree of care, skill, and proficiency which is commonly exercised by ordinarily careful, skillful, and prudent [physicians], at the time of the [rendition of care],” in the same locality or similar localities . [ See id. ; Purvis v. Moses , 624 S.E.2d 380 (N.C. Ct. App. 2006) (applying applicable malpractice statute)] Standard of Care for General Practitioners: Same or Similar Circumstances Rule In jurisdictions adopting the “same or similar circumstances” rule, “a physician must exercise that degree of care, skill, and proficiency exercised by reasonably careful, skillful, and prudent practitioners in the same class to which he belongs, acting under the same or similar circumstances.” The locality in which the malpractice occurs is but one factor among many others to be considered. [ Vergara v. Doan , 593 N.E.2d 185 (Ind. 1992) ] Standard of Care for Specialists Where a medical specialist practices within his specialty, he is held to a higher standard than ordinary general practitioners. The applicable standard is a national standard, which asks what a reasonably careful, skillful, knowledgeable, and prudent specialist in the defendant’s discipline would have done under all the circumstances. Even under the national standard, locality may play an indirect role in the analysis, since locality is one of the circumstances that must presumably factor into the reasonableness of the physician’s conduct. [ Compare Wall v. Stout , 311 S.E.2d 571 (N.C. 1984) and Kordas v. Sugarbaker , 990 A.2d 496 (D.C. Ct. App. 2010)]
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