The emergency doctrine.

Practice point: The doctrine holds that those faced with a sudden and unexpected circumstance, not of their own making, that leaves them with little or no time for reflection or reasonably causes them to be so disturbed that they are compelled to make a quick decision without weighing alternative courses of conduct, may not be negligent if their actions are reasonable and prudent in the context of the emergency.

Student note: The existence of an emergency and the reasonableness of the response to it generally present issues of fact.

Case: Mitchell v. City of New York, NY Slip Op 08734 (2d Dept. 2011).

Here is the decision. 

Tomorrow’s issue: Medical records.