CH4 Flashcards
A surgeon who ignores a life-threatening post-operative condition that results in death can be convicted of
Manslaughter
If a physician chooses to treat his patient in an unorthodox way and the outcome is not optimal, the physician might be able to avoid liability by arguing which of the following?
Respectable minority rule
In a medical malpractice trial, the standard of care is most often established by which of the following?
Expert testimony
The component of a crime that refers to the “guilty act” is _____
actus reus
A car travels at 50 mph through a school zone posted “15 mph when children are present.” Children are present. No one is hurt. Which of the following best describes the legal situation?
The driver has breached the standard of care
A chiropractor identifies a medical condition, the treatment of which is outside the scope of chiropractic medicine, but he does not refer the patient to another type of physician. Which of the following statements best describes the chiropractor’s legal situation if a lawsuit ensues?
She is in a difficult spot because it was her responsibility to know when another type of treatment was necessary.
A physician fails to report a suspected case of child abuse as required by law. After treatment, the child/patient was returned to her parents and suffered further abuse. Which of the following arguments could be used to hold the physician liable?
Negligence per se
In which type of lawsuit are punitive damages most often available to a plaintiff?
Intentional tort
Good Samaritan statutes can apply to which of the following
A physician who renders aid at the scene of the accident.
Intentional killing of another person without premeditation or forethought caused by the provocation of the victim is _______.
Voluntary manslaughter
During a rhinoplasty, the surgeon administered a combination of drugs that allegedly resulted in the patient’s death. The surgeon could be convicted of:
Involuntary manslaughter
A resident physician suffers from chronic pain due to a workplace injury. He eventually developed an addiction to narcotics and was caught by an attending physician while injecting left-over fentanyl from a patient procedure into his wrist. Taking the left-over fentanyl could result in liability or charge of which of the following:
theft
Which of the following factors should be considered in determining whether patient abuse exists?
~Time-limited orders for restraints
~ Periodic release of restraints
~Frequency of observation of a restrained patient as documented in the chart.
All of these are correct.
Which of the following provides an effective defense to a malpractice lawsuit?
The statute of limitations
Which of the following is not an element of negligence that must be present for the defendant to be held liable?
ipse dixit
