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Safer v. Estate of Pack Case Brief
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Case Brief Summary & Legal Analysis
tl;dr: A physician treated a man for a hereditary cancerous condition but failed to warn his children of the risk. Years later, his daughter developed the same cancer. The court held the physician had a legal duty to warn the patient’s immediate family of the foreseeable genetic risk.
Legal Significance: This case established that a physician’s duty of care extends to non-patient third parties, specifically the immediate family of a patient, when they are at a foreseeable risk of harm from a genetically transmissible disease known to the physician.
Safer v. Estate of Pack Law School Study Guide
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Case Facts & Court Holding
Key Facts & Case Background
Dr. George Pack treated Robert Batkin from 1956 until Batkin’s death in 1964 for multiple polyposis, a hereditary condition that leads to colon cancer. Dr. Pack performed several surgeries on Batkin but allegedly never informed him or his wife that the condition was genetic and posed a risk to his children. At the time of Batkin’s death, his daughter, Donna Safer, was ten years old. In 1990, at age thirty-six, Safer was diagnosed with the same condition after it had progressed to metastatic cancer, requiring extensive surgery and chemotherapy. Plaintiffs’ medical expert asserted that the prevailing standard of care at the time of Batkin’s treatment required a physician to warn those at genetic risk. Safer and her husband sued Dr. Pack’s estate, alleging professional negligence for the failure to warn her of her genetic risk, which deprived her of the opportunity for early monitoring and treatment that could have averted the harm. The trial court dismissed the complaint, finding no legal duty owed by a physician to a patient’s child.
Court Holding & Legal Precedent
Issue: Does a physician’s duty of care extend to warning a patient’s immediate family members about the foreseeable risk of harm from a genetically transmissible disease?
Yes. The court reversed the dismissal of the complaint, holding that a Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillu
IRAC Legal Analysis
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Legal Issue
Does a physician’s duty of care extend to warning a patient’s immediate family members about the foreseeable risk of harm from a genetically transmissible disease?
Conclusion
This case expands the traditional scope of a physician's duty in tort Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostr
Legal Rule
A physician has a duty to warn those known to be at Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis a
Legal Analysis
The court determined that the existence of a legal duty is a Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum. Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum. Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Exce
Flash-to-Full Case Opinions
Flash Summary
- A physician has a legal duty to take reasonable steps to
