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Dr. Who performs surgery on Jane.  Dr. Who likes to try out new things, so decides to use a technique that hasn’t gotten a lot of approval in his specialty yet–but knowing that it has substantial risks compared to the normal procedure used.  Jane is severely injured due to Dr. Who’s use of this new technique and wants criminal charges filed.  What CRIME might Dr. Who potentially have committed?

The proximate cause requirement for a negligence tort is most likely NOT met where:

Joanne is a passenger in a car driven by Paul, whose negligence causes an accident, injuring himself. Joanne, uninjured and for no particular reason, accompanies Paul to the hospital in a fast ambulance. The ambulance is hit by a car driven by Dodi, injuring Joanne. Joanne files a suit against Paul, whose best defense is:

Ava, who works for Sensitive Senior Home, silently takes one walking cane each day from Jerry’s durable medical equipment (DME) store and pays for them at the end of the week. On this particular day, Ava silently takes two walking canes from Jerry’s DME store. At the end of the week, Ava only wants to pay for one walking cane since she believed that she should get one free for being a good customer. A court will _____.

Mental illness can determine a person’s ability to enter into a legally valid contract.

Prior to a minor surgery, Wyatt signs a consent form.  Neither the consent form nor the physician disclose a very rare and very minor risk, but the form contains a list of 20 moderate to serious risks.  This risk manifests during the surgery, and Wyatt suffers minor harm.  He wants to file a complaint alleging negligence/lack of informed consent.  Is Wyatt likely to be successful?

In the State of Crime, Sal throws Mal off of a bridge and into a river.  Mal survives, and wants to file criminal charges against Sal.  IF Sal is indicted, who will bring the lawsuit?

Leo slips and falls in LabCo and is injured. Leo files a suit against LabCo for $50,000. If Leo is 20 percent at fault and LabCo is 80 percent, under a common law/traditional contributory negligence doctrine, Leo would recover:

This motion by a plaintiff asks the judge to make a decision on the case without going to trial, and can only occur if none of the facts of the case are in dispute.

On July 23, 2003, Robert underwent surgery to have an ulcer repaired. The surgery appeared to have been successfully completed. However, Robert soon developed a fever and his white blood cell count became elevated, suggesting an infection. On August 8, 2003, it was determined that a sponge had been left inside Robert’s abdominal cavity. On August 11, 2003, Robert died from sepsis. On August 9, 2006, Robert’s estate filed suit against the doctors involved in the surgery. Assuming a 1-year statute of limitations and a 3-year statute of repose, the defendant doctors can successfully move to dismiss the lawsuit as barred by: