Page | 1
HCM 388 - Chapters 6, 7, 8, 9 Questions and
Verified Answers
Q: What is negligence?
ANS: Unintentional failure to live up to accepted standards of behavior
Q:
What is the most common tort?
ANS: Negligence
Q:
What are the elements that must be established to prove negligence?
ANS: Duty of Care, Breach of Duty, Injury, Causation
Q:
What is duty?
ANS: Legal obligation the defendant owes to the plaintiff
Q:
What is the most common type of negligence tort?
ANS: Malpractice
Q:
What is breach of duty also called?
ANS: Liability
Q:
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?
, Page | 2
Q:
What is Res Ipsa Loquitur?
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
Q:
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
Q:
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
Q:
What is the legal defense of contributory negligence?
ANS: If the patient contributed to the negligence, damages cannot be recovered
Q:
What is the legal defense of exculpatory contracts?
ANS: - Party forfeits, in advance, the right to sue (the patient)
- A release from liability for the other party's possible future negligence (Physician)
HCM 388 - Chapters 6, 7, 8, 9 Questions and
Verified Answers
Q: What is negligence?
ANS: Unintentional failure to live up to accepted standards of behavior
Q:
What is the most common tort?
ANS: Negligence
Q:
What are the elements that must be established to prove negligence?
ANS: Duty of Care, Breach of Duty, Injury, Causation
Q:
What is duty?
ANS: Legal obligation the defendant owes to the plaintiff
Q:
What is the most common type of negligence tort?
ANS: Malpractice
Q:
What is breach of duty also called?
ANS: Liability
Q:
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?
, Page | 2
Q:
What is Res Ipsa Loquitur?
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
Q:
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
Q:
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
Q:
What is the legal defense of contributory negligence?
ANS: If the patient contributed to the negligence, damages cannot be recovered
Q:
What is the legal defense of exculpatory contracts?
ANS: - Party forfeits, in advance, the right to sue (the patient)
- A release from liability for the other party's possible future negligence (Physician)
