Standard of care is that of an average member of that profession, practicing in a similar community. Empirical standard.
--Swap average member for reasonable, and community for circumstances.
sets the standard (is merely probative of ordinary negligence).
=lawyers, accountants, architects, all health care providers (not just doctors).
means compare small town to small town, and big city to big city. Largely governs from where you can get your expert.
are generally compared to other specialists in the same field, w/o regard to geography.
Duty includes explanation of risks sufficient for informed consent if the undisclosed risk would be serious enough
that a reasonable person in the patient's position would have withheld consent
Informed Consent. A doctor’s duty includes an obligation of affirmatively explaining the risks of any recommended procedure. If a doc fails to explain the risks, but the risk materializes, the patient will have a negligence claim. This is regardless of how small the risk was.
- Waived: (JUST NY? MAJORITY RULE?)
- --No need to disclose commonly known risk (e.g. risk of infection from surgical procedure);
- --No need to disclose where patient has declined the information;
- --No need to disclose where patient is mentally incompetent;
- --No need to disclose where disclosure would be medically harmful (not clear what this means; does not include where the disclosure would prompt you to decline the procedure).