Legal

Question 1

What are the four compenents of Negligence?

Answer 1

1. Duty to treat
2. Breach of duty: failed to conform to/provide “standard of care”
3. Proximate cause
4. Damages/Harm done

Question 2

What is duty?

Answer 2

Your duty to use degree of care and skill which is expected of reasonably competent practitioner in same class, acting in same or similar circumstances

Question 3

What is breach?

Answer 3

Violation of duty:

• Deviation from the “Standard of Care”
• What other docs of similar learning / skills would do

Question 4

What is res ipsa loquitur?

Answer 4

“The thing speaks for itself”

- Oops, forgot to take out the sponges

Question 5

What is proximate cause?

Answer 5

Breach must be the cause of the injury

- Injury results as a natural, direct, uninterrupted consequence and without which injury wouldn’t have occurred

Question 6

Stats on medical lawsuits?

Answer 6

1. 7.4% physicians sued annually
2. 78% resulted without any payment
3. 19% for neurosurgery, 11% OBGYN, 7.5% EM, 3%
   peds and psych
4. highest avg payments? Pediatric: $521,000