Chapter 6 Test 2 Flashcards
A civil wrong
Tort
A legal obligation or responsibility by a party in a lawsuit
Liability
Person who commits a tort - also called defendant
Tortfeasor
Most healthcare lawsuits are based on _____.
Torts
Torts can be broadly divided into wrongs committed against:
A person
Personal property
Real property (Land)
Torts are most commonly classified as:
Intentional torts Unintentional torts (negligence) Strict liability (responsibility regardless of fault)
A tortfeasor refers to which individual in a legal court case?
a. Prosecutor
b. Plaintiff
c. Judge
d. Defendant
Defendant
Battery
Assault
False imprisonment
Intentional infliction of emotional distress
Intentional Torts
Intentional, nonconsensual contact
Battery
Conduct causing apprehension of harmful or offensive contact
Assault
Intentional confinement against a person’s will
False imprisonment
Intentional conduct resulting in extreme emotional distress
Intentional infliction of emotional distress
Consent by the plaintiff Example: Hospital admission consent form Privilege by virtue of the relationship Example: Parent spanking a child Necessity Example: Self-defense
Defenses to intentional torts
Unintentional conduct involving acting or failing to act as a reasonably prudent person would, resulting in harm or injury to another
Is based on standard of care:
What an individual is expected to do or not do in a particular situation
Standard of care is established by statue or ordinance, judicial decision, professional association, practice
is the basis for most medical malpractice (professional misconduct) cases, but medical malpractice can be based on intentional tort or contract
______ infliction of emotional distress can accompany ______ as a cause of action
Negligence
What are the types of negligence?
Nonfeasance, Misfeasance, and Malfeasance
Failure to perform an act
Nonfeasance
Improper performance of an act
Misfeasance
Performance of a wrongful act that may be unlawful
Malfeasance
What are the degrees of negligence?
Ordinary and Gross
Failure to exercise ordinary care
Ordinary
Very great or excessive negligence; extreme departure from the ordinary standard of care; reckless disregard
Gross
Duty of care
Breach of duty
Injury (resulting from breach)
Causation (connection between the defendant’s breach and the plaintiff’s injury).
Elements of negligence
What are the two types of causation?
Actual
Proximate
(cause-in-fact): “But-for” the defendant’s conduct, the result would not have happened.
Actual causation
Foreseeability
Proximate causation
The negligent tort of misfeasance refers to which of the following statements?
a. Characterized by the additional element of intentional conduct in that such conduct is intended to cause damage
b. Improper performance of an act that a person might lawfully do or active misconduct that causes injury to another
c. Failure to do an act that a person is under a duty to do and that a person of ordinary prudence would have done under the same or similar circumstances
d. What an individual is expected to do or not do in a particular situation
Improper performance of an act that a person might lawfully do or active misconduct that causes injury to another
Compensate a plaintiff for physical and monetary injuries
Damages
To recognize wrongdoing; little to no dollar amount
Nominal damages