Hook v. Rothstein
| Court | South Carolina Supreme Court |
| Citation | Hook v. Rothstein, 320 S.E.2d 35, 283 S.C. 64 (S.C. 1984) |
| Decision Date | 24 August 1984 |
| Parties | Judith L. Summers HOOK, as Administratrix of the Estate of Jack R. Summers, Appellant-Petitioner, v. Jerry C. ROTHSTEIN, M.D., Respondent. |
ORDER
This is a wrongful death action brought against a physician for negligently failing to inform his patient of the risks involved in a proposed medical procedure. The Court of Appeals affirmed a judgment for the physician, holding that the appropriate standard in an informed consent case is the "professional medical standard." Hook v. Rothstein, 316 S.E.2d 690 (S.C.App.1984).
Appellant petitions this Court pursuant to Supreme Court Rule 55 for a writ of certiorari to review the decision of the Court...
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17 cases
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Cianbro Corp. v. Jeffcoat and Martin
...P.2d 1092, 1094 (Colo.Ct.App. 1985); cf. Hook v. Rothstein, 281 S.C. 541, 316 S.E.2d 690, 701 & n. 3 (Ct.App.), cert. denied, 283 S.C. 64, 320 S.E.2d 35 (1984) (affirming medical malpractice jury instruction which stated that a doctor "does not guarantee or insure the correctness or safety ......
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Harvey v. Strickland
...503 S.E.2d 717, 720 (1998). a. Implied Consent Citing Hook v. Rothstein, 281 S.C. 541, 316 S.E.2d 690 (Ct.App.), cert denied 283 S.C. 64, 320 S.E.2d 35 (1984), Dr. Strickland contends the subsequent unplanned emergency required he seek the consent of Harvey's mother for further treatments. ......
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Johnston v. Ward
...absent a clear showing of an abuse of discretion. Hook v. Rothstein, 281 S.C. 541, 316 S.E.2d 690 (Ct.App.1984), cert. denied, 283 S.C. 64, 320 S.E.2d 35 (1984). Johnston made no such Circuit Court Rule 88, which, as of July 1, 1985, was repealed and replaced by Rule 34 of the new South Car......
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Vacation Time of Hilton Head Island, Inc. v. Lighthouse Realty, Inc.
...v. Cater, 241 S.C. 262, 127 S.E.2d 882 (1962); Hook v. Rothstein, 281 S.C. 541, 316 S.E.2d 690 (Ct.App.1984), cert. denied, 283 S.C. 64, 320 S.E.2d 35 (1984); see also S.C.CIR.CT.R. Lighthouse as the defendant was not entitled to a charge on punitive damages since punitive damages were not ......
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6 books & journal articles
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A. Interference with Persons
...and accompanying text.[65] Hook v. Rothstein, 281 S.C. 541, 558, 316 S.E.2d 690, 700-01 (Ct. App. 1984), cert. denied, 282 S.C. 64, 320 S.E.2d 35 (1984) (indication in denial of certiorari that case was "correctly decided"). The opinion in Hook contains extensive discussion of the doctrine ......
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B. Causation
...S.C. CODE ANN. § 44-137-10(4)(a-g).[636] See, e.g., Hook v. Rothstein, 281 S.C. 541, 316 S.E.2d 600 (Ct. App. 1984) (1984), cert. denied, 283 S.C. 64, 320 S.E.2d 35 (1984) (S.C. Supreme Court stating that it believed "the case was correctly decided"); Fletcher v. Med. Univ. of S.C., 390 S.C......
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29 Medical Malpractice
...Supreme Court has granted certiorari in the case.[32] Hook v. Rothstein, 281 S.C. 541, 316 S.E.2d 690 (Ct. App. 1984), cert. den., 283 S.C. 64, 320 S.E.2d 35 (1984). In denying certiorari the Supreme Court said the appropriate informed consent standard is the professional medical standard. ......
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C. Proof
...S.C. 251, 317 S.E.2d 758 (Ct. App. 1984); Hook v. Rothstein, 281 S.C. 541, 316 S.E.2d 690 (Ct. App. 1984), cert. denied, 283 S.C. 320, 320 S.E.2d 35 (1984) (standard for informed consent); Spires v. Acceleration Nat'l Ins. Co., 417 F. Supp. 2d 750 (D.S.C. 2006). Causation cases. Peterson v.......
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