Malpractice (Ch. 9)

Question 1

Fiduciary Relationship

Answer 1

Relationship based on trust and confidence that imposes an obligation to act in good faith; atty-client relationsihp

Question 2

Informed Consent

Answer 2

Knowledgeable consent based on disclosure of all relevant facts that allows one to make an informed decision

Question 3

What constitutes Professional Negligence?

Answer 3

Failure to:
Have skills and learning
To use good judgment
To communicate with client *possibly the most important*
To refer when appropriate
To keep up with developments
To provide informed consent

Question 4

Malpractice Defenses

Answer 4

Didn’t do it – action was not negligent
Contributory or Comparative negligence (on client’s part)
Assumption of Risk (informed consent situations only)
Emergency (in medical situation only)

Question 5

Ways to Avoid Malpractice

Answer 5

Communicate
Adequate records kept
Maintain a reasonable workload
Don’t cut corners (unless lawyer says to)