The standard originated in 1837 with Vaughn v. Menlove, establishing that reasonableness is objective rather than subjective.
Courts apply this by asking how a reasonable person would have behaved in similar circumstances to the defendant.
The standard originated in 1837 with Vaughn v. Menlove, establishing that reasonableness is objective rather than subjective.
Courts apply this by asking how a reasonable person would have behaved in similar circumstances to the defendant.
Typically this is a jury question and is augmented by the kind of person, would a reasonable surgeon have done x, y, z. In other words the actual standard of care is context dependent. Also if I was sued for something I wasn’t or shouldn’t be liable I probably would waive my right to a jury—-speaking for myself.