Doctrines Flashcards
If a physician who went to rescue a victim of an accident was injured, the original wrongdoer must be held liable for such injury.
Rescue Doctrine
Provides that if a servant (employee) was injured on account of the negligence of his fellow servant (employee)
Fellow Servant Doctrine
Usually applied to the negligence of the medical staff of commercial or industrial establishment in the treatment of their co-employees who were injured performing the work assigned to them
Fellow Servant Doctrine
- Failure of the physician to ascertain from the history, physical examination, observation, and interview from family members, any injury
- If the employer could have discovered that the negligent employee was disabled, unskilfull, drunken, vicious or habitually negligent either before or after he is employed
- Doctor of Forseeability
- Fellow Servant Doctrine
It implies thought, appreciation, mental direction and lapse of sufficient time to effectually act upon impulse to save the life or prevent injury to another.
Doctorine of Last Clear Chance
- Imply negligence in diagnosis or in management
- If there is reasonable probability that even if the physician has acted properly, death or injury could have developed
- Doctrine of Last Clear Chance
- INSTANCE WHEN IT IS NOT APPLICABLE:
§Anyone who consents to the application of a medical or surgical procedure involving certain risks cannot recover damages for injury resulting from inherent or ordinary risks in the procedure
Doctrine of assumption of risk
A patient who knowingly entrusts himself to the case of someone who does not have the medical qualifications, assumes the risks from such lack of qualification
Doctrine of assumption of risk
the assumption of the risk doctrine actually does not apply to medical care.
Doctrine of assumption of risk
It can be applied if there is failure of the physician to make necessary investigation or examination of his patient whenever an unusual development occurs in the course of treatment.
Doctrine of continuing negligence
Usually applied to foreign body cases, improper setting of broken bones, in the application of casts and in wrongful diagnosis
Doctrine of continuing negligence
Conduct on the part of the plaintiff, contributing as a legal cause to the harm he has suffered, which falls below the standard to which he is required to conform for his own protection
Doctrine of Contributatory Negligence (Doctrine of Common Fault)
THE THING SPEAKS FOR ITSELF” , the nature of wrongful act or injury is suggestive of negligence
Doctrine of Res Ipsa Loquitor (Common Knowledge Doctrine)
Enunciates liability of the surgeon not only for the wrongful acts of those who are under his physical control but also to those wherein he has extension of control
Captain of the ship doctrine
Employees or servants of the hospital that are sometimes temporarily under the supervision and control of another while performing their duties
Doctrine of Borrowed Servant
Used in determination of negligence, liability and malpractice in healthcare.
Purpose of Doctrine
( that the master must answer)
Respondeat Superior
The person, employer, company, or entity who is legally responsible for the vicarious liability because of the actions taken by the agent
Principal
The person who performed the action that caused harm or injury to another person. They work for or have a position beneath the principal.
Agent
The person who has suffered the injury or harm because of the reckless actions of the agent.
Plaintiff
The one where the principal has intentionally or inadvertently induced third persons to believe that such person was its agent although no actual or express authority was conferred on him as agent.
Doctor of Ostensible Agent
It refes to the act or mindset of living life through other people’s experiences, rather than living those experiences out yourself
legally, the person who did not directly “experience” harming or injuring another person may still be held liable for that harm/injury.
Vicarious
A legal term that is often used in employee-employer situations when an employee will cause harm to somebody, and the employer is held vicariously responsible because of their professional relationship with the employee.
Vicarious Liability
Typically considered a tort, which is an act or inaction that results in another person’s harm or injury. This is also known as negligence
Vicarious Liability
