Torts Quiz

[jeffjoe]

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]

what do you mean "health care professionals" in what circumstances?

[jeffjoe]

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]

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]

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]

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]

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]

It's a question of fact.  What is the standard of care?

[Dicta]

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]

Distinguish IIED from NIED. What are the necessary elements for each.....