HCM 388 TEST 1 QUESTIONS WITH
ANSWERS
Exculpatory contract - Answer-contract in which party excuses the other of liability in
advance; party forfeits in advance to the right to sue; a release from liability for the other
party's future negligence
Ultra vires - Answer-any departure from express or implied corporate power
Types of business structures - Answer-sole proprietorship, general partnership, limited
partnership, C corporation (standard corporation), S corporation, limited liability
company (LLC), and limited liability partnership (LLP)...
Not for profit
Internal Management Corporation
informed consent - Answer-agreement to permit a medical procedure after disclosure of
all relevant facts needed to make an intelligent decision
Charitable immunity - Answer-a legal doctrine that holds a charitable organization is not
liable under tort law
apparent agency - Answer-Closely related doctrines that can be used to counter
independent contractor defense
Borrowed servant - Answer-a legal doctrine in which an employer is held liable for the
actions of a temporary employee
Captain of the ship - Answer-established that a surgeon was responsible for any
negligent conduct in the operating room just as the captain of the ship is responsible for
the actions of its crew
Plaintiff - Answer-a person who brings a case against another in a court of law
Defendant - Answer-the person or entity being sued
Adverse event - Answer-any unfavorable medical occurrence in a human
Preponderance of evidence - Answer-The lowest standard of proof; comes into play
when the plaintiff satisfies the burden of proof by offering evidence that demonstrates
their claims have a greater than 50% chance to be true
ANSWERS
Exculpatory contract - Answer-contract in which party excuses the other of liability in
advance; party forfeits in advance to the right to sue; a release from liability for the other
party's future negligence
Ultra vires - Answer-any departure from express or implied corporate power
Types of business structures - Answer-sole proprietorship, general partnership, limited
partnership, C corporation (standard corporation), S corporation, limited liability
company (LLC), and limited liability partnership (LLP)...
Not for profit
Internal Management Corporation
informed consent - Answer-agreement to permit a medical procedure after disclosure of
all relevant facts needed to make an intelligent decision
Charitable immunity - Answer-a legal doctrine that holds a charitable organization is not
liable under tort law
apparent agency - Answer-Closely related doctrines that can be used to counter
independent contractor defense
Borrowed servant - Answer-a legal doctrine in which an employer is held liable for the
actions of a temporary employee
Captain of the ship - Answer-established that a surgeon was responsible for any
negligent conduct in the operating room just as the captain of the ship is responsible for
the actions of its crew
Plaintiff - Answer-a person who brings a case against another in a court of law
Defendant - Answer-the person or entity being sued
Adverse event - Answer-any unfavorable medical occurrence in a human
Preponderance of evidence - Answer-The lowest standard of proof; comes into play
when the plaintiff satisfies the burden of proof by offering evidence that demonstrates
their claims have a greater than 50% chance to be true
