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CLNC > Module 3 - Theories of Liability and Defense > Flashcards

Module 3 - Theories of Liability and Defense Flashcards

1
Q

Intentional Tort

A

A tort perpetrated by one who intends to do that which the law has declared wrong.

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2
Q

Categories of Intentional Torts

A

Medical Malpractice
Personal Injury
Products Liability
Toxic Tort

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3
Q

Three Elements of Intentional Torts

A

Volitional act by defendant
Intent to bring about consequences
Causation

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4
Q

Specific Intent

A

Actor intends the consequences of his conduct if his goal is to bring about those consequences.
Example: Shoots at a person with intent to harm

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5
Q

General Intent

A

Actor intends the consequences of his conduct if he knows with substantial certainty that those consequences will result.
Example: Shoots into a crowd knowing someone will be hit.

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6
Q

Transferred Intent

A

Actor intends consequences against one person but instead causes consequences to another person.
Example: Shooting at one person but hits another

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7
Q

Causation

A

The conduct of the defendant is a substantial factor in causing the injury or the consequences.
Example: Running someone off the road, resulting in an accident.

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8
Q

Four Types of Intentional Torts

A

Assault
Battery
False Imprisonment
Intentional Infliction of Emotional Distress

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9
Q

Three Elements of Assault

A
  1. Fear of harm from an overt act, including knowledge that the act is occurring.
  2. Intent to cause apprehension of harm or offensive contact.
  3. Causation.
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10
Q

Three Elements of Battery

A
  1. Harm or offensive contact. Knowledge of the act is not required. Includes anything connected to the person (clothes/purse).
  2. Intent to cause harmful or offensive contact.
  3. Causation
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11
Q

Three Elements of False Imprisonment

A
  1. An act or failure to act on the part of the defendant that confines or restrains the plaintiff to a bounded area.
  2. Intent to confine or restrain.
  3. Causation (Defendant’s action caused imprisonment.)
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12
Q

Four Elements of Intentional Infliction of Emotional Distress

A
  1. An act by the defendant amounting to extreme and outrageous conduct.
  2. Intent to cause severe emotional distress.
  3. Causation
  4. Physical or psychological damages.
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13
Q

Express Consent

A

Expressly shown a willingness to submit to conduct.

Example: medical consent

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14
Q

Two Types of Implied Consent

A

Apparent

Implied by Law

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15
Q

Apparent Implied Consent

A

Consent that a reasonable person would infer from the plaintiff’s conduct.

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16
Q

Consent Implied by Law

A

Car accident, trauma, etc. where the person is unable to give consent but it is assumed that lifesaving treatment would be wanted.

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17
Q

Four Defenses to Intentional Torts

A

Consent
Self-Defense
Defense of Others
Statue of Limitations

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18
Q

Self-Defense

A

May use such force as is reasonably necessary for protection against the potential injury.

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19
Q

Defense of Others

A

May go to the aid of another with as much force as the other person could have used to protect himself.

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20
Q

Four Categories of Cases for Negligence

A

Medical Malpractice
Personal Injury
Products Liability
Toxic Tort

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21
Q

Four Legal Elements of Negligence

A

Duty
Breach of Duty
Damage and Injuries
Causation

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22
Q

Duty

A

A relationship must be established between the defendant and the plaintiff.

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23
Q

Breach of Duty

A

The failure to do what a reasonable and prudent person would do in the same or similar circumstances.

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24
Q

Three Types of Damages

A

Economic (Objective)
Noneconomic (Subjective)
Punitive/Exemplary (Only for gross negligence or fraud.)

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25
Q

Causation

A

A reasonable connection between the acts of negligence and the alleged damages.

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26
Q

Gross Negligence

A

A wilful, wanton disregard for an individual’s safety and well-being

27
Q

Negligent Infliction of Emotional Distress

A

Emotional distress caused by a person’s negligence.

Example: Wrong body in casket.

28
Q

Contributory Negligence

A

The plaintiff acted without due care or was himself negligent.

29
Q

Four Defenses to Negligence

A

Contributory Negligence
Comparative Negligence
Assumption of Risk
Statue of Limitations

30
Q

Comparative Negligence

A

Weighs both the plaintiff and defendant’s roles in the negligence and determines percentages of responsibility.

31
Q

Assumption of Risk

A

The plaintiff may be denied recovery if he assumes the risk of any damage caused by the defendant’s acts.
Example: Sports injury

32
Q

Strict Liability

A

Liability without fault in Products Liability or Toxic Tort cases.
Example: Asbestos companies didn’t know dangers when manufacturing insulation.

33
Q

Four Elements of Strict Liability

A

Absolute duty to all foreseeable plaintiffs.
Breach of Duty
Damages and Injuries
Causation

34
Q

Three Types of Defects

A

Design Defect
Manufacturing Defect
Failure to Warn Defect

35
Q

Design Defect

A

An entire line of products is found to be defective.

36
Q

Manufacturing Defect

A

A product emerges from a manufacturing process different from, and more dangerous than, other products.

37
Q

Failure to Warn Defect

A

The manufacturer has a duty to warn of foreseeable risks, newly discovered hazards, and foreseeable misuses.

38
Q

A tort perpetrated by one who intends to do something the law has declared wrong is a(n):

a. Intentional tort.
b. Negligence.
c. Gross negligence.
d. Strict liability

A

a. Intentional tort.

39
Q

Which legal element is required to constitute assault?

a. Offensive words.
b. Actual damages to person.
c. The defendant has to be capable of causing injury.
d. An act by the defendant that creates a reasonable apprehension of harmful or offensive contact.

A

d. An act by the defendant that creates a reasonable apprehension of harmful or offensive contact.

40
Q

Which of the following constitutes battery ONLY?

a. Surgical removal of the wrong ovary.
b. An unusually long and inappropriate vaginal exam.
c. A DJ blows smoke in the face of an anti-smoking advocate.
d. 22 attempts by an RN to start an IV.

A

a. Surgical removal of the wrong ovary.

41
Q

Which of the following is an example of false imprisonment?

a. Crib rails up on a pediatric patient.
b. Restraint of the arm containing an IV.
c. Application of 4-point restraints in an alert geriatric patient in LTAC.
d. Sedation of a 23-year-old with ARDS who is fighting the vent.

A

c. Application of 4-point restraints in an alert geriatric patient in LTAC.

42
Q

Mrs. White lived in a NH. Her daughter found her lying in urine, dehydrated, and with a stage III ulcer. Mrs. White died at the hospital two weeks later. Which of the following is the applicable theory of liability against the NH?

a. Negligent or intentional infliction of emotional distress.
b. Strict liability.
c. Breach of implied warranty.
d. False imprisonment.

A

a.

43
Q

An unmonitored patient who is receiving a vasopressor sustains a stroke as a result of an overdose of that vasopressor. This is an example of:

a. Gross negligence.
b. Negligence
c. Negligent infliction of emotional distress.
d. Comparative negligence.

A

a.

44
Q

Which type of plaintiff negligence constitutes a complete bar to recovery?

a. Contributory negligence.
b. Comparative negligence.
c. Partial comparative negligence.
d. Pure comparative negligence.

A

a.

45
Q

Which of the following situations is an example of the plaintiff’s assumption of risk?

a. A patient sustains an iatrogenic infection following admission to the hospital.
b. A hockey fan gets hit in the head with a puck at the game.
c. A patient sustains AIDS following sex with her husband.
d. A patient develops anaphylaxis following an injection of contrast media.

A

b.

46
Q

An example of intentional infliction of emotional distress is:

a. A nurse fails to check a BP on time.
b. A worker is wrongfully discharged from employment under humiliating conditions.
c. A patient overhears the doctor talking about her to an RN.
d. A mother is not allowed to stay with her child during an emergency procedure.

A

b.

47
Q

Which intentional tort requires damages to be proven?

a. Assault
b. Battery
c. Intentional Infliction of Emotional Distress
d. False Imprisonment

A

c.

48
Q

Which of the following is an example of apparent consent?

a. Outpatient elective surgery without written consent.
b. Treated in ER for come/trauma.
c. Signed consent form prior to surgery.
d. Unconscious Jehovah’s Witness receives blood.

A

a.

49
Q

Which of the following is both assault and battery?

a. Removal of a benign breast based on the wrong path report.
b. Amputation of the wrong limb.
c. Transmission of AIDS to spouse.
d. Employer repeatedly touches employee on the buttocks.

A

d.

50
Q

Which elements need to be proven in intentional tort?

a. Volitional act, damages, causation.
b. Duty, breach of duty, causation.
c. Volitional act, intent to bring about consequences, causation.
d. Intent to bring about consequences, negligence, causation.

A

c.

51
Q

Which of the following elements must be proven in battery?

a. Intent to bring about the contact, contact, causation.
b. Reasonable apprehension offensive contact, damages.
c. Damages, volitional act, causation.
d. Negligence volitional act, causation.

A

a.

52
Q

A plaintiff’s failure to act prudently is an example of which defense to negligence?

a. Comparative negligence.
b. Gross negligence.
c. Last Chance doctrine.
d. Assumption of risk.

A

a.

53
Q 
Proof of fault is NOT required in:
a. Negligence.
b. Medical malpractice.
c. Strict liability.
Intentional tort.
A

c.

54
Q

Offensive contact is a required element for:

a. Intentional infliction of emotional distress.
b. Battery.
c. Negligence.
d. False imprisonment.

A

b.

55
Q

Which type of negligence is generally most difficult to prove?

a. Contributory.
b. Comparative.
c. Infliction of emotional distress.
d. Gross.

A

d.

56
Q

T/F - A product can meet industry standards and still be defective?

A

True

57
Q

T/F - Hospitals and physicians are usually held strictly liable for implanting defective prosthetic devices?

A

False

58
Q

T/F - Four legal elements must be proven in products liability cases for a strict liability theory.

A

True

59
Q

T/F - Strict liability is liability without fault.

A

True

60
Q

T/F - The plaintiff must try to escape false imprisonment.

A

False

61
Q

T/F - To prove causation in a products liability case, it is enough to prove that the injuries were caused by the product.

A

False

62
Q

T/F - Contributory negligence can negate the plaintiff’s proof of causation.

A

True

63
Q

T/F - Proof of fault is required in cases involving strict liability.

A

False

64
Q

T/F - The proof of negligence is a substantial hurdle in many product liability cases.

A

True

CLNC (11 decks)

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