Suppose a surgeon is sued for negligence by a patient for having accidentally botched an operation. The standard that applies to the surgeon is the reasonable person, which means:
A) strict liability
B) the care expected of a skilled surgeon under the circumstances
C) the care expected of a reasonable person under the circumstances
D) the care expected of any person under the circumstances
E) none of the other choices; negligence law does not apply to physicians

Question

Quizplus · Accepted Answer

The standard that applies to the surgeon is the care expected of a skilled surgeon under the circumstances. This is based on the principle that surgeons have a duty to provide a level of care that is consistent with the standard of care expected of their profession. The standard for medical negligence cases is the care and skill of the average competent medical practitioner, with the caveat that the practitioner shall not be held liable if he or she has acted in accordance with a practice that is accepted as proper medical treatment by a reasonable body of medical practitioners skilled in that particular area.

Suppose a Surgeon Is Sued for Negligence by a Patient