Chapter 26

Question 1

assault

Answer 1

any willful attempt or threat to inflict injury on another person

Question 2

battery

Answer 2

unlawful touching of another that is without justification

Question 3

contract

Answer 3

agreement between two or more persons which creates an obligation to do or not do something

Question 4

defamation

Answer 4

holding up a person to ridicule in a respectable part of the community

Question 5

false imprisonment

Answer 5

conscious restraint of the freedom of a person without proper authorization

Question 6

fraud

Answer 6

intentional perversion of truth for the purpose of inducing a person to rely on the false information to their detriment

Question 7

implied consent

Answer 7

persons agreement to allow something to happen which is not expressly given but rather inferred from actions or inactions

Question 8

informed consent

Answer 8

persons agreement to allow something to happen that is based on full disclosure

Question 9

negligence

Answer 9

failure to do something that a reasonable person guided by the ordinary considerations that regulate human affairs would do

Question 10

res ipsa loquitur

Answer 10

thing speaks for itself
type of injury did not occur except for negligence
activity was under the complete control of the defendant
plaintiff did not contribute to their own injury

Question 11

respondeat superior

Answer 11

let superior respond or let master speak for servant

Question 12

standard of care

Answer 12

degree of skill, knowledge, and care ordinarily possessed and employed by members in good standing within the profession

Question 13

tort

Answer 13

private or civil wrong or injury, other than breach of contract, for which the court provides a remedy in the form of an action for damages

Question 14

The Schloendorf v. Society of New York Hospital doctrine serves six functions. what are they?

Answer 14

protects autonomy
protects patient status as a human
avoids fraud and duress
encourages healthcare practitioners to consider decisions carefully
fosters rational decision making by patient
involves the public in medicine

Question 15

an estimated 10% of all medical negligence claims are related to what?

Answer 15

diagnostic imaging
improper diagnosis or injuries sustained during procedures

Question 16

what is necessary for a patient to have a claim?

Answer 16

some breach of duty must have occurred on the part of the healthcare practitioner

Question 17

threatening to repeat a painful exam if the patient does not hold still may be construed as what?

Answer 17

assault

Question 18

any unlawful touching may constitute _____________ if the patient thinks they have been touched in an offensive way

Answer 18

battery

Question 19

false imprisonment is most prevalent with people who are?

Answer 19

senile, pediatric, inebriated, unable to cooperate

Question 20

in the case of senile or pediatric patients, who is authorized to give consent to restrain or immobilize?

Answer 20

parent, guardian, healthcare surrogate

Question 21

what are the two types of defamation and what do they mean?

Answer 21

slander = spoken word
libel = written/published comments and pictures

Question 22

writing inappropriate comments about a patient in their health record is an example of what?

Answer 22

libel

Question 23

for a plaintiff to prevail in a claim of fraud, the alleged injured party must show what?

Answer 23

untrue statement was made to mislead

Question 24

what are the four elements that must be proved for a patient to recover damages for injuries sustained because of negligence?

Question 25

res ipsa loquitur sometimes arises in cases of medical negligence and is used to do what?

Question 26

what must the plaintiff show in cases of res ipsa loquitut?

Question 27

if res ipsa loquitur is raised, who takes the burden to prove whether negligence occurred or did not occur?

Question 28

in cases of medical negligence, what does respondeat superior assert?

Question 29

corporate liability includes what?

Question 30

what is the most common form of consent in medical imaging?

Question 31

when is informed consent required?

Answer 31

anytime a scalpel is involved

Question 32

what must the patient be made informed of in order to give informed consent?

Question 33

a consent form should contain what?

Question 34

who should be the witness who signs a consent form alongside the patient?

Answer 34

a disinterested 3rd party

Question 35

what must a healthcare practitioner do if a patient consents to a procedure and then revokes the consent?

Answer 35

stop procedure when it will cause the least harm to the patient