In addition, the high court said the jury's application of the reasonable person standard
helped the doctor.
The Reasonable Person Standard
is the Majority and Likely to
This article considers when it is necessary and, if so, appropriate, to modify the legal standard of care by imbuing the reasonable person with certain personal characteristics (whether that standard is applied to plaintiffs or defendants), and rejects the view that the reasonable person standard
should always be applied equivalently (or uniformly) to defendants and plaintiffs.
Where the harm has occurred unintentionally or due to carelessness, the court will apply the reasonable person standard
be an objective reasonable person standard
that examines whether the
The reasonable person standard
finds its roots in a time when mental disability was described by terms such as "distracted" or "lunatick," (3) over two hundred years before Thomas Jefferson acknowledged the need for legal progress.
deviating from a reasonable person standard
, and then essentially
No provision of SYG laws gives a person a "license to kill" or absolves them from the requirement that their actions meet what is known as the "reasonable person standard
." The question for jurors is, would a reasonable person in this situation react as the person in question did.
In many states, the requirements went from a professional standard (What information did other physicians customarily disclose?) to a reasonable person standard
(What information would a reasonable patient want to know?).
Giles, On Determining Negligence: Hand Formula Balancing, the Reasonable Person Standard
, and the Jury, 54 VAND.