HCM 388 CHAPTERS 6-9- QUESTIONS WITH
ANSWERS VERIFIED 100% CORRECT
What is negligence? - ✔✔Unintentional failure to live up to accepted standards of behavior
What is the most common tort? - ✔✔Negligence
What are the elements that must be established to prove negligence? - ✔✔Duty of Care,
Breach of Duty, Injury, Causation
What is duty? - ✔✔Legal obligation the defendant owes to the plaintiff
What is the most common type of negligence tort? - ✔✔Malpractice
What is breach of duty also called? - ✔✔Liability
What are the 4 aspects of duty? - ✔✔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? - ✔✔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? - ✔✔- 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? - ✔✔- 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? - ✔✔If the patient contributed to the
negligence, damages cannot be recovered
What is the legal defense of exculpatory contracts? - ✔✔- 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? - ✔✔- Settlement made outside of court following
treatment
- Agreement not to sue
What is Vicarious Liability? - ✔✔Even is not personally negligent, healthcare providers can be
held liable for the negligence of others
What is Charitable Immunity? - ✔✔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? - ✔✔May apply to healthcare or churches
ANSWERS VERIFIED 100% CORRECT
What is negligence? - ✔✔Unintentional failure to live up to accepted standards of behavior
What is the most common tort? - ✔✔Negligence
What are the elements that must be established to prove negligence? - ✔✔Duty of Care,
Breach of Duty, Injury, Causation
What is duty? - ✔✔Legal obligation the defendant owes to the plaintiff
What is the most common type of negligence tort? - ✔✔Malpractice
What is breach of duty also called? - ✔✔Liability
What are the 4 aspects of duty? - ✔✔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? - ✔✔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? - ✔✔- 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? - ✔✔- 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? - ✔✔If the patient contributed to the
negligence, damages cannot be recovered
What is the legal defense of exculpatory contracts? - ✔✔- 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? - ✔✔- Settlement made outside of court following
treatment
- Agreement not to sue
What is Vicarious Liability? - ✔✔Even is not personally negligent, healthcare providers can be
held liable for the negligence of others
What is Charitable Immunity? - ✔✔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? - ✔✔May apply to healthcare or churches
