Dr. Smith, a licensed surgeon, has a diagnosed anxiety disorder and occasionally experiences panic attacks. She elects to perform an operation after taking her usual medication. During the procedure she experiences a sudden panic attack that causes her hand to slip, injuring the patient. In a negligence action against Dr. Smith, what standard of care will the jury apply in determining whether she breached her duty?
The standard of a reasonably prudent physician without regard to Dr. Smith's anxiety disorder.
The standard of a reasonably prudent physician with a similar anxiety disorder, taking her impairment into account.
No standard applies because the panic attack constitutes a sudden medical emergency that automatically absolves Dr. Smith of liability.
The standard of a reasonably prudent non-physician in the same circumstances.
Mental or emotional impairments do not lower the negligence standard for adults. A physician is judged by the objective professional standard-what a reasonably prudent physician of ordinary skill and learning would have done under similar circumstances. Physical disabilities are taken into account, but mental disabilities are not. Therefore Dr. Smith's anxiety disorder does not modify the standard, and she is measured against other competent surgeons. The sudden-incapacity defense is generally limited to unforeseeable physical incapacitation; a foreseeable panic attack does not automatically absolve liability.
Ask Bash
Bash is our AI bot, trained to help you pass your exam. AI Generated Content may display inaccurate information, always double-check anything important.
What is the standard of care in medical malpractice cases?
Open an interactive chat with Bash
How does a physician's mental health condition affect their legal responsibility?
Open an interactive chat with Bash
What constitutes a reasonable prudent physician in legal terms?