LEGAL NURSE CONSULTANT EXAM STUDY GUIDE QUESTIONS AND ANSWERS WITH SOLUTIONS 2024

LEGAL NURSE CONSULTANT EXAM STUDY GUIDE QUESTIONS AND ANSWERS WITH SOLUTIONS 2 024 Collateral Source Rule - ANSWER the defendant cannot introduce any evidence that shows the injured party has received compensation from other collateral sources, such as maintaining health insurance coverage to pay for all or oart of damages. Personal Injury Protection (PIP) - ANSWER Automobile insurance that pays for medical, hospital, and funeral costs of the insured's family and passengers, regardless of fault judgment proof - ANSWER when the defendant does not have sufficient money or other assets to pay the judgment Forensic Pathologist - ANSWER In a wrongful death claim, this expert offers judgment avmbout the cause of death. Comparative negligence - ANSWER A rule in tort law , used in the majority of states, that reduces the plaintiff's recovery in proportion to the plaintiff's degree of fault, rather than barring recovery completely. Example - seat belt defense Special Damages - ANSWER compensation for out -of-pocket expenses, for medical care, home care services, lost wages General Damages - ANSWER Based upon severity of damages and impact on plaintiff's life. May include pain and suffering, fear, or embarrassment. puntitive damages - ANSWER Also called Exemplary damages. Plaintiff may receive this it it's determined the defendant was oppressive, fraudulent or malicious in behavior. Loss of Consortium Claim - ANSWER An uninjured spouse may make a claim for loss of service, care and support, loss of love, sexual relations, for injuries to his spouse. Assumption of Risk - ANSWER A defense against negligence that can be used when the plaintiff was aware of a danger and voluntarily assumed the risk of injury from that danger. Vicarious Liability - ANSWER Legal doctrine under which a party can be held liable for the wrongful actions of another party. Borrowed servant doctrine - ANSWER a special application of respondeat superior in which an employer lends an employee to someone else. Res Ipsa Loquitur - ANSWER the thing speaks for itself, the facts support the claim of negligence, such as a surgeon operating in the wrong patient Quasi Contract - ANSWER An obligation or contract imposed by law (a court), in the absence of an agreement, to prevent the unjust enrichment of one party. For example, this contract exists to provide emergency treatment for an unconscious patient. Hedonic damages - ANSWER Awarded to compensate plaintiff for the loss of enjoyment of life; also called holistic damages Excess coverage - ANSWER Insurance that covers losses above an attachment point, below which there is usually another insurance policy or a self -insured retention. Collateral Source Rule - ANSWER the defendant cannot introduce any evidence that shows the injured party has received compensation from other collateral sources Defective Design - ANSWER Refers to a drug or device deemed unsafe for the purpose intended or a purpose that can be expected. This theory may apply when the drug or device is made to specifications, but is then inadequate or subject to substantial side eff ects. Defective Manufacture - ANSWER Theory applies when a product is defective due to its manufacturing process, and is defective at the time it leaves the manufacture control.