Torts (2005 Fall)
X. MEDICAL MALPRACTICE
- Negligence in care of patient
- Negligence in failing to obtain informed consent
- Supersedes former preference for battery, where defendant can invoke privilege of consent.
- Matthies v. Mastromonaco (hip surgery) – Material risk must be described.
- Expert Testimony
- Standard of care
- Whether or not physician departed from standard
- Established by
- Currency with customs in field of practice
- Before Sheely, field of practice in same or similar locality as locus of cause of action