Medical Malpractice in the Birthplace: Resolving the Physician-Patient Conflict through Informed Consent, Standard of Care, and Assumption of Risk

Authors

Tracy Dobson, Michigan State University

Abstract

I. Introduction—Obstetrics under Attack

II. Background—The Development and Scope of the Problem

III. Analysis ... A. The Physicians' Standard of Care ... 1. The Current Locality and Specialist Rules ... 2. A Proposed Solution—The Widest Possible Community ... 3. A Proposed Solution—Diminish Physician Control over Standard of Care ... B. Informed Consent ... 1. History of the Law ... a. Exceptions to the Rule ... b. Physicians' View of the Rule ... 2. Informed Consent in Obstetrics ... 3. Greater Assumption of Risk ... 4. Right to Refuse Treatment ... a. The General Rule ... b. Refusal of Treatment in Obstetrics ... c. One More Step to Patient Self-Determination

IV. Conclusion

Recommended Citation

Tracy Dobson, Medical Malpractice in the Birthplace: Resolving the Physician-Patient Conflict through Informed Consent, Standard of Care, and Assumption of Risk, 65 Neb. L. Rev. (1986)
Available at: https://digitalcommons.unl.edu/nlr/vol65/iss4/2