HCM 388 - Chapters 6, 7, 8, 9 Exam Study
Guide 100% Pass
What is negligence? - ANSWER Unintentional failure to live up to accepted standards of
behavior
What is the most common tort? - ANSWER Negligence
What are the elements that must be established to prove negligence? - ANSWER Duty of
Care, Breach of Duty, Injury, Causation
What is duty? - ANSWER Legal obligation the defendant owes to the plaintiff
What is the most common type of negligence tort? - ANSWER Malpractice
What is breach of duty also called? - ANSWER Liability
What are the 4 aspects of duty? - ANSWER 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?
What is Res Ipsa Loquitur? - ANSWER 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
What 3 things must you prove for it to be Res Ipsa Loquitur? - ANSWER - 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
What are some legal defenses? - ANSWER - Assumption of risk
- Contributory negligence
- Exculpatory contracts
- Release
- Good Samaritan laws
- Workers' compensation laws
- Governmental immunity
, - Statute of limitation
What is the legal defense of contributory negligence? - ANSWER If the patient
contributed to the negligence, damages cannot be recovered
What is the legal defense of exculpatory contracts? - ANSWER - Party forfeits, in
advance, the right to sue (the patient)
- A release from liability for the other party's possible future negligence (Physician)
What is the legal defense of release? - ANSWER - Settlement made outside of court
following treatment
- Agreement not to sue
What is Vicarious Liability? - ANSWER Even is not personally negligent, healthcare
providers can be held liable for the negligence of others
What is Charitable Immunity? - ANSWER 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
Who does Charitable Immunity apply to? - ANSWER May apply to healthcare or churches
What has happened to Charitable Immunity? - ANSWER Most states have eliminated (or
severely limited) charitable immunity protections in their jurisdiction
What is Respondeat Superior? - ANSWER Vicarious Liability
- An employer is liable for a tort (civil wrong that causes injury or harm to patient) an
employee commits within the scope of employment
- Encourages employers to have processes in place to prevent acts that lead to torts
What is liability based on? - ANSWER - Was a tort committed?
- Was the person who committed the tort an agent or employee of defendant?
- Was the tort committed within the scope of the agent or employee's duties?
What is Independant Contractor? - ANSWER A principle affecting liability
Employers are usually responsible for the negligence of independent contractors (I.C)
and the I.C. has no control over their actions. An employment relationship is present.
- True or False - ANSWER False
- The employers are not responsible
- The I.C. has sole control over their actions
- No employment relationship
Guide 100% Pass
What is negligence? - ANSWER Unintentional failure to live up to accepted standards of
behavior
What is the most common tort? - ANSWER Negligence
What are the elements that must be established to prove negligence? - ANSWER Duty of
Care, Breach of Duty, Injury, Causation
What is duty? - ANSWER Legal obligation the defendant owes to the plaintiff
What is the most common type of negligence tort? - ANSWER Malpractice
What is breach of duty also called? - ANSWER Liability
What are the 4 aspects of duty? - ANSWER 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?
What is Res Ipsa Loquitur? - ANSWER 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
What 3 things must you prove for it to be Res Ipsa Loquitur? - ANSWER - 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
What are some legal defenses? - ANSWER - Assumption of risk
- Contributory negligence
- Exculpatory contracts
- Release
- Good Samaritan laws
- Workers' compensation laws
- Governmental immunity
, - Statute of limitation
What is the legal defense of contributory negligence? - ANSWER If the patient
contributed to the negligence, damages cannot be recovered
What is the legal defense of exculpatory contracts? - ANSWER - Party forfeits, in
advance, the right to sue (the patient)
- A release from liability for the other party's possible future negligence (Physician)
What is the legal defense of release? - ANSWER - Settlement made outside of court
following treatment
- Agreement not to sue
What is Vicarious Liability? - ANSWER Even is not personally negligent, healthcare
providers can be held liable for the negligence of others
What is Charitable Immunity? - ANSWER 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
Who does Charitable Immunity apply to? - ANSWER May apply to healthcare or churches
What has happened to Charitable Immunity? - ANSWER Most states have eliminated (or
severely limited) charitable immunity protections in their jurisdiction
What is Respondeat Superior? - ANSWER Vicarious Liability
- An employer is liable for a tort (civil wrong that causes injury or harm to patient) an
employee commits within the scope of employment
- Encourages employers to have processes in place to prevent acts that lead to torts
What is liability based on? - ANSWER - Was a tort committed?
- Was the person who committed the tort an agent or employee of defendant?
- Was the tort committed within the scope of the agent or employee's duties?
What is Independant Contractor? - ANSWER A principle affecting liability
Employers are usually responsible for the negligence of independent contractors (I.C)
and the I.C. has no control over their actions. An employment relationship is present.
- True or False - ANSWER False
- The employers are not responsible
- The I.C. has sole control over their actions
- No employment relationship
