Medical Mal Practice

Question 1

What are the structure of our exam and general tips about exam?

Answer 1

One big stimulus essay response question. Fact pattern has usually been two words. You can underline important words to make it easier to grade. She will give us more practice exam and we can talk to her! Don’t just look at it and think about it, PUT IT ON PAPER. Work on spelling out your arguments. TORTS supplement: Joseph Glam Civ Pro study aid. Seagull’s torts essays questions. The notes after our cases give you one sentence fact patterns, write out a response. Ereserves exam. When should we start outlining? Now. We have covered intentional Torts completely and we are starting negligence.

Question 2

Malpractice means…

Answer 2

Professional negligence: the proffesional negligently

Question 12

A reasonable error of judgment which lawyers could entertain reasonable doubt…

Answer 12

does not breach the standard of care the competent attorney should have.

Question 13

The questions to answer in determining the Standard of care for a professional?

Answer 13

• Did the professional exercise their best judgment under discretion?
• Did the professional show due care?
• Did the professionals have the knowledge and skills that a competent professional in their field would have?

Question 14

How do you determine the duty of care for a doctor?

Answer 14

You only determine if this doctor’s conduct adheres to the medical standard in the medical industry

Question 15

professionals owe every client/patient the same duty of care regardless of whether the client/patient pays them/ True or false?

Answer 15

True!

Question 16

How to show breach in medical malpractice?

Answer 16

How to show breach in medical mal practice To show breach you have to the defendant did something that the medical community forbid or failure to do something that is standard in the medical community. Affirmative evidence is required to show breach and an expert witness is required.

Question 17

How would a plaintiff argue that breach of duty is present when a doctor does not ask for permission?

Answer 17

Plaintiff could have argued that defendant failed to do their duty of informed consent.

Question 18

Rule for negligence in Medical mal practice

Answer 18

Negligence can never be presumed in a medical mal practice case

Question 19

Minority rule

Answer 19

the national standard of care a professional must show

Question 20

The majority rule

Answer 20

Similar community in similar circumstances standard. Your care is not just being judged by your peers but other professionals in a similar community elsewhere.

Question 21

Informed consent rule

Answer 21

a professional has a duty to inform a patient/client of his options and thier attendant risks. If a physician breaches this duty, patient’s consent is defective, and physician is responsible for the consequences.

Question 22

informed consent rule

Answer 22

Breach of a duty through a (1) physician focused approach which includes “what is the standard or custom for disclosure in the relevant community?” OR (2) Patient focused approach which asks “what a reasonable patient want disclosed?”
&
Causation: objective: if the reasonable person would choose not to forgo this treatment.
Subjective: would the patient in the case would have still undergone the surgery had they known the risk?
&
Injury: You had to have actually suffered from a damage

Question 23

Informed consent is founded on the idea of:

Answer 23

Doctors are not gods