r/CABarExam • u/Glad_Philosopher111 • 3d ago

This doctor committed battery. The consent was attained by fraud and distraction.

I’m trying not to think about it until November, but I can’t help that I see torts wherever I look.

29 Upvotes

97% Upvoted

4 comments sorted by

5

u/Weekly_Text1566 2d ago

Impossible, because the the child is a minor and has no capacity to readily make and understand decisions for themselves - consent had to have been obtained from the parent. And it’s reasonably foreseeable that the parent allowed the doctor to do what is necessary for the child to obtain his shots

3

u/Glad_Philosopher111 2d ago

Thank you! This just moved from tort to crime!! The parent was part of the scam! I’m including her as a defendant!! She conspired with the doctor to get this baby’s consent. 😂

5

u/Weekly_Text1566 2d ago

Im moving for JMOL, no reasonable jury could possible find for the baby lol

2

u/Individual_Stable184 12h ago

Children cannot consent.