Crucial Exams

Multistate Bar Examination Practice Question

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?

  • 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 physician with a similar anxiety disorder, taking her impairment into account.

  • The standard of a reasonably prudent physician without regard to Dr. Smith's anxiety disorder.

  • The standard of a reasonably prudent non-physician in the same circumstances.

Multistate Bar Examination
Torts
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