Opinion · Supreme Court of South Carolina
Hook Ex Rel. Estate of Summers v. Rothstein
283 S.C. 64
- Type
- Opinion
- Court
- Supreme Court of South Carolina
- Jurisdiction
- South Carolina
- Date
- 1984-08-24
- Topic
- general
How later courts describe this case
- affirming medical malpractice jury instruction which stated that a doctor “does hot guarantee or insure the correctness or safety of his treatment” and “is not liable for an error or mistake in judgment if he applies ordinary and reasonable skill and care”
- physician must obtain informed consent before treatment
Citator
UpLaw has not yet analyzed Hook Ex Rel. Estate of Summers v. Rothstein. The absence of a flag is not a finding that it is good law.
- Cited by
- 9 opinions
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.