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Check-Your-Understanding Questions About Mohr
A. Would Anna Mohr have been able to sue in negligence? Why or why not?
B. Would Mohr have had a cause of action if she had been brought to the hospital unconscious and the surgery had been necessary on an emergency basis?
Questions to Ponder About Mohr
A. Do you think plaintiffs such as Anna Mohr should have a cause of action even in circumstances such as these where no harm is actually done?
B. If there is an interest in making sure that physicians do not exceed the scope of a patient’s consent, could that be better handled through professional rules that are enforced by licensing boards? Or is the tort system a proper tool to use? Why or why not?
Questions to Ponder About Largey
A. Which is better, the physician rule (a/k/a the “‘professional standard’ rule”) or the patient rule (a/k/a the “‘prudent patient’ rule”)? Why?
B. Assuming that a jurisdiction opts for the patient rule, do you agree with the Largey court that the causation standard should be objective? Or should it be subjective? Stated differently, should the plaintiff have a cause of action if the hypothetical prudent patient would have made a different decision had the risk been disclosed? (The objective causation standard.) Or should it only matter whether the particular plaintiff would have made a different decision had the risk been disclosed? (The subjective causation standard.)
Questions to Ponder About Corcoran
A. Do you agree that the language of the ERISA statute requires the preemption of medical malpractice suits of the kind broughtin the Corcoran case?
B. Putting aside the language of the ERISA statute, do you think such pre-emption is a good idea? What are the arguments for and against it as a matter of policy?
Please use the book attached/ only need a few sentences per question
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