Hook v. Rothstein
| Court | United States State Supreme Court of South Carolina |
| Citation | 320 S.E.2d 35,283 S.C. 64 |
| 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. |
Page 35
Jack R. Summers, Appellant-Petitioner,
v.
Jerry C. ROTHSTEIN, M.D., Respondent.
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 practice notes
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Cianbro Corp. v. Jeffcoat and Martin, Civ. A. No. 3:91-376-19.
...712 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 correctne......
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Harvey v. Strickland, No. 25491.
...589, 594, 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 tr......
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Johnston v. Ward, No. 0698
...on appeal 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 Johnston made no such Circuit Court Rule 88, which, as of July 1, 1985, was repealed and replaced by Rule 34 of the new......
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Merritt v. Grant, No. 0422
...commits no error in refusing to give a requested instruction. Hook v. Rothstein, 281 S.C. 541, 316 S.E.2d 690 (App.1984), cert. denied, 320 S.E.2d 35 (S.C.1984); 75 Am.Jur.2d Trial Section 592 at 574 (1974). In order to warrant a reversal, the refusal to give a requested charge must have be......
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17 cases
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Cianbro Corp. v. Jeffcoat and Martin, Civ. A. No. 3:91-376-19.
...v. Beem, 712 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 correctne......
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Harvey v. Strickland, 25491.
...589, 594, 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 tr......
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Johnston v. Ward, 0698
...on appeal 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......
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Vacation Time of Hilton Head Island, Inc. v. Lighthouse Realty, Inc., 0518
...§ 6; see State 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 da......
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