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HCM 388 - Chapters 6, 7, 8, 9 Questions
with Detailed Verified Answers
Question:What is negligence?
Ans: Unintentional failure to live up to accepted standards of behavior
Question: What is the most common tort?
Ans: Negligence
Question: What are the elements that must be established to prove
negligence?
Ans: Duty of Care, Breach of Duty, Injury, Causation
Question: What is duty?
Ans: Legal obligation the defendant owes to the plaintiff
Question: What is the most common type of negligence tort?
Ans: Malpractice
Question: What is breach of duty also called?
Ans: Liability
Question: What are the 4 aspects of duty?
Ans: Reasonable Physician (Who is a reasonable physician we can compare
to?), The Neighborhood (What neighborhood should be considered?), The
School Rule (What school of medicine should be followed?), Are the
profession's standards adequate?
Question: What is Res Ipsa Loquitur?
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Ans: The thing speaks for itself
- Even when there's no specific evidence, one is presumed to be negligent if
they had sole control over what happened
Question: What 3 things must you prove for it to be Res Ipsa Loquitur?
Ans: - The incident was of a type that does not generally happen without
negligence
- It was caused by an instrumentality solely in defendant's control
- The plaintiff did not contribute to the cause
Question: What are some legal defenses?
Ans: - Assumption of risk
- Contributory negligence
- Exculpatory contracts
- Release
- Good Samaritan laws
- Workers' compensation laws
- Governmental immunity
- Statute of limitation
Question: What is the legal defense of contributory negligence?
Ans: If the patient contributed to the negligence, damages cannot be
recovered
Question: What is the legal defense of exculpatory contracts?
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Ans: - Party forfeits, in advance, the right to sue (the patient)
- A release from liability for the other party's possible future negligence
(Physician)
Question: What is the legal defense of release?
Ans: - Settlement made outside of court following treatment
- Agreement not to sue
Question: What is Vicarious Liability?
Ans: Even is not personally negligent, healthcare providers can be held liable
for the negligence of others
Question: What is Charitable Immunity?
Ans: Legal doctrine stating that if an organization is deemed to be a charity it
might not be held liable for an injury caused by the negligence of an
organization's employee
Question: Who does Charitable Immunity apply to?
Ans: May apply to healthcare or churches
Question: What has happened to Charitable Immunity?
Ans: Most states have eliminated (or severely limited) charitable immunity
protections in their jurisdiction
Question: What is Respondeat Superior?
HCM 388 - Chapters 6, 7, 8, 9 Questions
with Detailed Verified Answers
Question:What is negligence?
Ans: Unintentional failure to live up to accepted standards of behavior
Question: What is the most common tort?
Ans: Negligence
Question: What are the elements that must be established to prove
negligence?
Ans: Duty of Care, Breach of Duty, Injury, Causation
Question: What is duty?
Ans: Legal obligation the defendant owes to the plaintiff
Question: What is the most common type of negligence tort?
Ans: Malpractice
Question: What is breach of duty also called?
Ans: Liability
Question: What are the 4 aspects of duty?
Ans: Reasonable Physician (Who is a reasonable physician we can compare
to?), The Neighborhood (What neighborhood should be considered?), The
School Rule (What school of medicine should be followed?), Are the
profession's standards adequate?
Question: What is Res Ipsa Loquitur?
, Page | 2
Ans: The thing speaks for itself
- Even when there's no specific evidence, one is presumed to be negligent if
they had sole control over what happened
Question: What 3 things must you prove for it to be Res Ipsa Loquitur?
Ans: - The incident was of a type that does not generally happen without
negligence
- It was caused by an instrumentality solely in defendant's control
- The plaintiff did not contribute to the cause
Question: What are some legal defenses?
Ans: - Assumption of risk
- Contributory negligence
- Exculpatory contracts
- Release
- Good Samaritan laws
- Workers' compensation laws
- Governmental immunity
- Statute of limitation
Question: What is the legal defense of contributory negligence?
Ans: If the patient contributed to the negligence, damages cannot be
recovered
Question: What is the legal defense of exculpatory contracts?
, Page | 3
Ans: - Party forfeits, in advance, the right to sue (the patient)
- A release from liability for the other party's possible future negligence
(Physician)
Question: What is the legal defense of release?
Ans: - Settlement made outside of court following treatment
- Agreement not to sue
Question: What is Vicarious Liability?
Ans: Even is not personally negligent, healthcare providers can be held liable
for the negligence of others
Question: What is Charitable Immunity?
Ans: Legal doctrine stating that if an organization is deemed to be a charity it
might not be held liable for an injury caused by the negligence of an
organization's employee
Question: Who does Charitable Immunity apply to?
Ans: May apply to healthcare or churches
Question: What has happened to Charitable Immunity?
Ans: Most states have eliminated (or severely limited) charitable immunity
protections in their jurisdiction
Question: What is Respondeat Superior?
