Packet 2

Question 1

duties imposed by contract

Answer 1

obligations inherent in the doctor patient relationship
service is doctor’s best skills and efforts in care
obligations to not abandon patient
not disclosing confidences
fulfilling treatment representations (frequency, cost, duration, probable results)

Question 2

duties imposed by law

Answer 2

dictated by statutes, case opinions, rules and regulations
often supplement, qualify or replace “good doctoring” requirements
reasonable suspicion of child abuse, it must be reported

Question 3

miscellaneous duties

Answer 3

warn of potential hazards
any situation with restricted movement that might impair safe operation of machinery and vehicles
inform patient to limit physical activity and return for care and re-evaluation

Question 4

duties can be altered by..

Answer 4

acts of professional associations
ethical or administrative rule
locale
specialization
technology
advertising
implied contract
failure to refer
court opinion

Question 5

most state laws prohibit..

Answer 5

use of false, deceptive or misleading advertising, and the board could elaborate and require specific disclosures, fines, etc

Question 6

locality rule

Answer 6

doctor was liable only if he failed to meed standards practiced by doctors in their own community
rule has been replaced in most states by a “same or similar locality” rule

Question 7

same or similar locality rule

Answer 7

allows plaintiff to have an expert from outside the community to testify

Question 8

duty altered by specialization

Answer 8

tendency to have a national standard for matters which are not influenced by socioeconomic considerations

Question 9

duty altered by advertising

Answer 9

certain advertising claims may increase the level of skill which the doctor will be expected to employ

Question 10

duty altered by implied contract

Answer 10

case fees

implied guarantee

Question 11

case fees

Answer 11

charging a pre determined amount for a specified course of treatment, often with a discount for advanced payment has caused many problems

Question 12

implied guarantee

Answer 12

doctor’s duty may be to fulfill that promise ad failure to do so may result in liability

Question 13

duty altered by failure to refer

Answer 13

physician who improperly fails to refer a patient to a specialist can be held to the standard of care applicable to the specialist to whom the referral should have been made

Question 14

court opinion can establish..

Answer 14

precedents

Question 15

primary duty of a health care provider is to..

Answer 15

deliver competent professional services to their patients

Question 16

in a negligence action, the test of adequacy of care is usually expressed by?

Answer 16

comparison with that level of a skill practiced by a “reasonably careful and prudent” member of their particular profession

Question 17

when is an expert witness needed?

Answer 17

in all but the most unusual circumstances

because jurors do not know if the doctor’s acts were proper or not

Question 18

what is an expert according to the federal rules of evidence?

Answer 18

scientific, technical or specialized knowledge will help the judge or jury understand the evidence or help determine a fact in issue a person may testify whose knowledge, skill, experience, training or educattion makes him an expert

Question 19

standards of face can be altered by

Answer 19

technology
college training
advertising
statutory presumption
judicial edict
specialization

Question 20

negligence

Answer 20

failing to conform to the required level of care

Question 21

what are some examples of actions that will usually suport a claim of negligeence?

Answer 21

rib fractures
therapy burns
patient falls from table
on table injuries

Question 22

examples of deviating from the standard of care

Answer 22

inadequate exercise instruction
use of alcohol and drugs
disreguard for thealth and safety of the patient by treating them whiule under the influence