Law School Discussion

Torts Quiz

jeffjoe

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Re: Torts Quiz
« Reply #100 on: December 30, 2004, 10:39:00 AM »
lets see: when there is a legal duty (tn statute says driver must attempt to render aid)
special relationship (host/guest etc)
if you contribute to the peril....
can't remember the rest. didn't we do this one before?

did we?  What about health care professionals?

Dicta

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Re: Torts Quiz
« Reply #101 on: December 30, 2004, 10:56:45 AM »
what do you mean "health care professionals" in what circumstances?

jeffjoe

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Re: Torts Quiz
« Reply #102 on: December 30, 2004, 11:00:15 AM »
what do you mean "health care professionals" in what circumstances?

Uhm.  Nevermind.  I lost track of my train of thought.  You ask some questions.

Dicta

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Re: Torts Quiz
« Reply #103 on: December 30, 2004, 11:08:09 AM »
Distinguish Tn law from common law in a trespass to land and explain why they differ...
i'm heading to the library, but will post more later....

jeffjoe

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Re: Torts Quiz
« Reply #104 on: December 30, 2004, 11:18:04 AM »
Distinguish Tn law from common law in a trespass to land and explain why they differ...
i'm heading to the library, but will post more later....

Tennessee requires actual damage in trespass to law where other (most? all other?) jurisdictions do not require actual damages.

jeffjoe

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Re: Torts Quiz
« Reply #105 on: December 30, 2004, 01:03:58 PM »
Someone posted this to the TBA e-mail group recently.  Can we help him/her?


Client goes to have root canal, comes out with paresis to lower
left face. MD says it was caused by damage to nerve from root canal. She
is a critical care nurse and now docs cant understand what she says.
Dental malpractice or acceptable risk? (She was never told of any risks
and never signed anything in dentist's office). Any thoughts?

Dicta

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Re: Torts Quiz
« Reply #106 on: December 30, 2004, 04:48:35 PM »
I should think so. If she was not told of any risks nor given a consent form I would suggest she call an attorney...

jeffjoe

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Re: Torts Quiz
« Reply #107 on: December 30, 2004, 06:44:32 PM »
It's a question of fact.  What is the standard of care?

Dicta

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Re: Torts Quiz
« Reply #108 on: December 30, 2004, 07:45:27 PM »
well, it makes a difference as to what her COA is going to be. If she is going with LOIC she needs an expert to testify to the standard and that her dentist violated it....

Dicta

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Re: Torts Quiz
« Reply #109 on: December 30, 2004, 07:46:28 PM »
Distinguish IIED from NIED. What are the necessary elements for each.....