Doctrines

Question 1

If a physician who went to rescue a victim of an accident was injured, the original wrongdoer must be held liable for such injury.

Answer 1

Rescue Doctrine

Question 2

Provides that if a servant (employee) was injured on account of the negligence of his fellow servant (employee)

Answer 2

Fellow Servant Doctrine

Question 3

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

Answer 3

Fellow Servant Doctrine

Question 4

1. Failure of the physician to ascertain from the history, physical examination, observation, and interview from family members, any injury
2. 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

Answer 4

1. Doctor of Forseeability
2. Fellow Servant Doctrine

Question 5

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.

Answer 5

Doctorine of Last Clear Chance

Question 6

1. Imply negligence in diagnosis or in management
2. If there is reasonable probability that even if the physician has acted properly, death or injury could have developed

Answer 6

1. Doctrine of Last Clear Chance
2. INSTANCE WHEN IT IS NOT APPLICABLE:

Question 7

§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

Answer 7

Doctrine of assumption of risk

Question 8

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

Answer 8

Doctrine of assumption of risk

Question 9

the assumption of the risk doctrine actually does not apply to medical care.

Answer 9

Doctrine of assumption of risk

Question 10

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.

Answer 10

Doctrine of continuing negligence

Question 11

Usually applied to foreign body cases, improper setting of broken bones, in the application of casts and in wrongful diagnosis

Answer 11

Doctrine of continuing negligence

Question 12

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

Answer 12

Doctrine of Contributatory Negligence (Doctrine of Common Fault)

Question 13

THE THING SPEAKS FOR ITSELF” , the nature of wrongful act or injury is suggestive of negligence

Answer 13

Doctrine of Res Ipsa Loquitor (Common Knowledge Doctrine)

Question 14

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

Answer 14

Captain of the ship doctrine

Question 15

Employees or servants of the hospital that are sometimes temporarily under the supervision and control of another while performing their duties

Answer 15

Doctrine of Borrowed Servant

Question 16

Used in determination of negligence, liability and malpractice in healthcare.

Answer 16

Purpose of Doctrine

Question 17

( that the master must answer)

Answer 17

Respondeat Superior

Question 18

The person, employer, company, or entity who is legally responsible for the vicarious liability because of the actions taken by the agent

Answer 18

Principal

Question 19

The person who performed the action that caused harm or injury to another person. They work for or have a position beneath the principal.

Answer 19

Agent

Question 20

The person who has suffered the injury or harm because of the reckless actions of the agent.

Answer 20

Plaintiff

Question 21

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.

Answer 21

Doctor of Ostensible Agent

Question 22

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.

Answer 22

Vicarious

Question 23

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.

Answer 23

Vicarious Liability

Question 24

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

Answer 24

Vicarious Liability

Question 25

“employee”

Answer 25

Ostensible Agent