Multistate Bar Examination Practice Question

A surgeon performed a routine appendectomy on a patient. During the surgery, the surgeon severed a major artery because he failed to identify it correctly due to his reliance on outdated anatomy knowledge, which he had not refreshed in several years. The patient filed a lawsuit claiming that the surgeon acted negligently. What standard of care will the court most likely apply in determining the surgeon's liability?

  • The reasonable expectations of the patient undergoing the surgery.

  • The level of skill, knowledge, and care customarily practiced by similar professionals in the field.

  • The practices of a surgeon working in the same hospital.

  • The judgment of an average person without specialized medical training.

Multistate Bar Examination
Torts
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