Anatomy of a Lawsuit

Question 1

AMA statistics:

(1) 34% of doctors have been sued.
(2) 16.8% of doctors have been sued twice.
(3) 8.2% of doctors below age 40 have been sued.
(4) All of these

Answer 1

(4) All of these

Question 2

T/F: Almost 50% of doctors over the age of 54 have been sued.

Answer 2

True

Question 3

A summons and complaint consists of ___.

Answer 3

The plaintiff’s version of the case, including alleged facts, features proving negligence, effect of injury, pertinent statues violated and demand for damages.

(2) Always written and filed in the appropriate court.
(3) Served on the defendant by process.

Question 4

Medical malpractice involves:

(1) Always a lack of consent
(2) Implied consent between the doctor and patient.
(3) negligence of a doctor.

Answer 4

(3) negligence of a doctor.

Question 5

Medical malpractice is

Answer 5

Negligence

Question 6

Medical consent is NOT implied when:

(1) a routine physical
(2) A medical emergency where delay in life-saving care will cause harm.
(3) for invasive tests and surgical procedures.

Answer 6

(3) invasive tests and surgical procedures.

Question 7

Service on a person is made by:

(1) personal delivery
(2) By mail first class only
(3) is not done with a designated agent.

Answer 7

Service on a person is made by either (1) personal delivery, substituted service (in person and by first class mail) or by serving a designated agent.

Question 8

Gathering information about the circumstances surrounding a case, such as written questions and contacting experts, is known as:

Answer 8

discovery

Question 9

Depositions and preparation for trial occurs during

(1) Service
(2) Discovery

Answer 9

(2) Discovery

Question 10

A Bill of particulars is:

Answer 10

A list of written questions from one party to another asking for details (particulars) about a claim or defense.

Question 11

A bill of particulars may include:

(1) date and approximate time of day of the occurrence.
(2) injuries are not involved.
(3) details of the negligence are not included.
(4) special damages are not included.

Answer 11

(1) date and approximate time.

Question 12

A deposition is

(1) A demand for details of an incident.
(2) providing parties notice of a legal suit.
(3) An examination before trial and under oath, known as a “fact finding mission”.

Answer 12

(3) AN examination before trial and under oath with both the plaintiff’s and defendant’s attorneys present.

Question 13

T/F: in professional negligence cases, such as medical malpractice lawsuits filed against physicians, the specific duty owed by the physician to the patient is defined by the profession itself.

Answer 13

True

Question 14

T/F: A member of the profession is not needed to tell the judge and jury what the defending physician should have done or not done under particular circumstances.

Answer 14

False.

Question 15

A “Trier of Fact” is:

(1) A jury of 12 people
(2) A jury of 6 people

Answer 15

(2) A jury of 6 people

Question 16

Preponderance of evidence standard to meet the “burden of proof” requires a verdict of:

Answer 16

5/6 majority.

Question 17

Apology laws facilitate apologies my making them admissible as evidence in subsequent malpractice trials.

Answer 17

False.