Chapter 4 & 5

Question 1

The basic objectives of tort law are:

Answer 1

Preservation of peace
Culpability
Deterrence
Compensation

Question 2

A tort, a civil or personal wrong.

Answer 2

Negligence

Question 3

It is the unintentional commission or omission of an act that a reasonably prudent person would or would not do under given circumstances.

Answer 3

Negligence

Question 4

Negligence or carelessness of a professional person (e.g., nurse practitioner, pharmacist, physician, physician’s assistant).

Answer 4

Malpractice

Question 5

The reckless disregard for the safety of another (e.g., willful indifference to an injury that could follow an act).

Answer 5

Criminal Negligence

Question 6

Three forms of negligence

Answer 6

Malfeasance
Misfeasance
Nonfeasance

Question 7

Performance of an unlawful or improper act (e.g., performing an abortion in the third trimester when this is prohibited by state law)

Answer 7

Malfeasance

Question 8

Improper performance of an act, resulting in injury to another (e.g., administering the wrong dose of a medication, wrong site surgery involving removal of a healthy left kidney instead of the diseased right kidney)

Answer 8

Misfeasance

Question 9

Failure to act when there is a duty to act as a reasonably prudent person would in similar circumstances (e.g., failure to administer medications, failure to order diagnostic tests or prescribe medications)

Answer 9

Nonfeasance

Question 10

The four elements of Negligence:

Answer 10

Duty to care
Breach of duty
Injury
Causation

Question 11

Obligation to conform to a recognized standard of care.

Answer 11

Duty to care

Question 12

Deviation from the recognized standard of care.

Failure to adhere to an obligation.

Answer 12

Breach of duty

Question 13

Actual damages must be established.

If there are no injuries, monetary damages cannot be awarded the plaintiff(s).

Answer 13

Injury

Question 14

Departure from the standard of care must be the cause of the plaintiff’s injury.
The injury must be foreseeable.

Answer 14

Causation

Question 15

As a legal obligation of care, performance, or observance imposed on one to safeguard the rights of others.

Answer 15

Duty to care

Question 16

What a reasonably prudent person would do or not do acting under the same or similar circumstances.

Answer 16

Standard of Care

Question 17

What conduct is expected of an individual in a given situation.

Answer 17

Standard of Care

Question 18

The failure to conform to or the departure from a required duty of care owed to a person.

Answer 18

Breach of duty

Question 19

Includes physical harm, pain, suffering, and loss of income or reputation.

Answer 19

Injury

Question 20

Requires that there be a reasonable, close, and causal connection or relationship between the defendant’s negligent conduct and the resulting damages

Answer 20

Causation

Question 21

The reasonable anticipation that harm or injury is likely to result from a commission or omission of an act.

Answer 21

Foreseeability

Question 22

Whether one of ordinary prudence and intelligence should have anticipated the danger to others caused by his or her negligent act.

Answer 22

test for Foreseeability

Question 23

One that is committed deliberately

Answer 23

Intentional Tort

Question 24

Deliberate threat coupled with the apparent present ability to do physical harm to another. No actual contact or damage is necessary

Answer 24

Assault

Question 25

It is the deliberate threat or attempt to injure another or the attempt by one to make bodily contact with another without his or her consent.

Answer 25

Assault

Question 26

Is the intentional touching of another’s person in a socially impermissible manner, without that person’s consent. It is intentional conduct that violates the physical security of another

Answer 26

Battery

Question 27

Is a communication to someone about another person that tends to hold that person’s reputation up to scorn and ridicule.

Answer 27

Defamation of character

Question 28

Is the verbal form of defamation and tends to form prejudices against a person in the eyes of third persons.

Answer 28

Slander

Question 29

Is the written form of defamation and can be presented in such forms as signs, photographs, letters, and cartoons.

Answer 29

Libel

Question 30

Is a legal doctrine that makes some persons or entities responsible for damages their actions or products cause, regardless of “fault” on their part.

Answer 30

Strict Liability

Question 31

Applies in cases involving the manufacturers of products such as drugs and medical equipment

Answer 31

Strict Liability

Question 32

Voluntary exposure to such risks as radiation treatments and chemotherapy treatments

Answer 32

Assumption of a risk

Question 33

Characterized by conduct that is so outrageous that it goes beyond the bounds tolerated by a decent society.

Answer 33

Mental Distress

Question 34

Occurs when a person does not exercise reasonable care for his or her own safety

Answer 34

Contributory Negligence

Question 35

Based on the principle that all persons must be both careful and responsible for their acts.

Answer 35

Contributory Negligence

Question 36

A civil wrong, other than a breach of contract, committed against a person or property (real or personal) for which a court provides a remedy in the form of an action for damages.

Answer 36

Tort