Exam 1 Study guide (pt3) Flashcards
What two ways does a corporate fall under liability?
Corporate negligence or vicarious liability
What does respondeat superior mean?
“let the master answer” (makes the employer liable)
To act as a reasonable and prudent PA would act under the same or similar circumstances, is an example of what?
Medical Standard of Care
In regards to the application of the standard of care, what was Small v. Howard famous for?
Locality rule or standard
In regards to the application of the standard of care, what was Brune v. Belinkoff famous for?
National or professional rule or standard
When is expert medical testimony, probably not needed?
- Infection
- Slight Scarring
- Res ipsa loquitur
What does res ipsa loquitur mean?
The thing speaks for itself
Event would not ordinarily occur without negligence
Apparent / presumptive cause was within exclusive control of defendant
No negligence on the part of the plaintiff
Are three conditions of what?
Res Ipsa Loquitur
What are 4 res ipsa situations?
- wrong limb or body part
- wrong patient
- explosion or fire
- foreign body left in patient
Which case did the saying, “Every human being of adult years and sound mind has the right to
determine what shall be done with
his own body.”
J. Cardozo (judge), Schloendorff (1914) case
Informed decision making is a two sided coin, what are those two sides?
- Informed consent
- Informed refusal
What requirements must be met for a decision making capacity?
- Legal age
- Ability to take in information
- Ability to process information
- Ability to communicate information
Under informed decision making, what type of information must the patient understand?
- The procedure
- Risks
- Benefits
- Alternatives, including the likely effect of no medical intervention
The information given must be ______ Centered.
Patient
Neither consent nor refusal can be coerced and be voluntary; either can be influenced and be voluntary.
What is this defining?
voluntariness
