Saint Leo University Substantial Healthcare Standards in Medical Fields Questions

1) Explain the legal doctrine “Benefits Balancing” as it pertains to applying the reasonable standard of care doctrine in the medical fields. Does the defense that a majority of physicians normally do not give a particular diagnostic test in the normal course of events necessarily shield the doctors from liability?

2) May a treating physician be found liable for having negligently caused mental distress and damages in those instances in which no physical injury was suffered? What is the standard of care that a physician must demonstrate in order to be shielded from liability from a claim of negligent infliction of emotional distress?