Hook v. Rothstein

Citation320 S.E.2d 35,283 S.C. 64
CourtUnited States State Supreme Court of South Carolina
Decision Date24 August 1984
PartiesJudith 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 of Appeals. Although a novel question of law is presented, we deny the petition because we believe the case was correctly decided.

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17 cases
  • Cianbro Corp. v. Jeffcoat and Martin
    • United States
    • U.S. District Court — District of South Carolina
    • October 8, 1992
    ...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 ......
  • Harvey v. Strickland
    • United States
    • South Carolina Supreme Court
    • July 1, 2002
    ...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. ......
  • Johnston v. Ward
    • United States
    • South Carolina Court of Appeals
    • February 24, 1986
    ...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 Johnston made no such Circuit Court Rule 88, which, as of July 1, 1985, was repealed and replaced by Rule 34 of the new South Car......
  • Vacation Time of Hilton Head Island, Inc. v. Lighthouse Realty, Inc.
    • United States
    • South Carolina Court of Appeals
    • March 25, 1985
    ...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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