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JURIS MIDTERMS > Professional liability > Flashcards

Professional liability Flashcards

1
Q

Encompasses all possible civil liability that a professional can incur as a result of professional acts

A

PROFESSIONAL LIABILITY

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2
Q

It is preferred over the term “malpractice” because the latter carries some negative evertones

A

PROFESSIONAL LIABILITY

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3
Q

a tort liability - when applied to the dental profession

A

Negligence

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4
Q

negligence is called

A

malpractice

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5
Q

the doing of some act which a reasonable and prudent dentist would not do, or the failure to do some act which such a person should or would do

A

Negligence

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6
Q

__________, or more appropriately __________, is the type of claim which a victim has available to him or her to redress a wrong committed by a dentist which has caused bodily harm

A

Malpractice
dental negligence

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7
Q

simply means performance or doing of an act

A

Feasance

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8
Q

the performing of an act that is wholly wrongful and unlawful

A

Malfeasance

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9
Q

the improper performance of some lawful act

A

Misfeasance

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10
Q

is the failure to do something that should have been done

A

Nonfeasance

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11
Q

Such fault or negligence, if there is no pre-existing contractual relation between the parties

A

quasi-delict

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12
Q

are civil wrongs that are done to clients

A

Torts

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13
Q

in civil cases or tort actions, the person who is filing the suit seeks compensation for damages he feels he suffered as result of the action or activity in question; in the Philippines, torts are referred to as

A

quasi-delicts

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14
Q

When a person is guilty of ____________, he or she is guilty of an act or failure to act

A

Culpa aquiliana

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15
Q

exists when the dentist-patient relationship has been established

A

DUTY

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16
Q

Neglectful of Obligation

A

DERELICT

17
Q

proof of dereliction, or proof of negligence of an obligation; the breach of professional duties of skill and care, or their improper performance

A

DERELICT

18
Q

causation which is divided into two inquiries: whether the actions in fact caused the harm and whether these were the proximate cause of the injury

A

DIRECT CAUSE

19
Q

injury results from want of due care or skill; dentists may be held answerable in damages for negligence

A

DAMAGES

20
Q

The burden of proving each of the four elements of negligence is on the plaintiff

A

PROXIMATE CAUSE

21
Q

Failure to prove any one of the elements may result in dismissal of the case

A

PROXIMATE CAUSE

22
Q

The most common rule is the reasonable person rule

A

STANDARDS OF PRACTICE

23
Q

the written or verbal evidence given by a qualified expert in an area

A

Expert Witness

24
Q

like textbooks, journal articles, etc. published by national organizations such as the PDA

A

Documentary Evidence

25
Q

“the thing or the transaction speaks for itself”

A

DOCTRINE OF RES IPSA LOQUITOR

26
Q

the thing which caused the injury complained of is shown to be under the management of the defendant or his servants and the accident is such as in ordinary course of things does not happen of those who have its management or control use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from or
was caused by the defendant’s want of care

A

DOCTRINE OF RES IPSA LOQUITOR

27
Q

Requisites of res Ipsa Loquitor

A
  • The accident is of a kind which ordinarily does not occur in the absence of someone’s negligence
  • It is caused by an instrumentality within the exclusive control of the defendant/s
  • The possibility of contributing conduct which would make the plaintiff responsible is eliminated
28
Q

If the dentist, after a prolonged treatment of a patient which normally produces alleviation of the condition, fails to investigate non-response may be held liable if in the exercise of the care and diligence he could have discovered the cause
of non-response

A

DOCTRINE OF CONTINUING NEGLIGENCE

29
Q

Usually applied to foreign body cases, improper setting of broken bones, in the application of cast, and in wrongful diagnosis

A

DOCTRINE OF CONTINUING NEGLIGENCE

30
Q

Anyone who voluntarily assumes the risk of injury from a known danger, if injured, is barred from recover

A

DOCTRINE OF ASSUMPTION OF RISK

31
Q

This is based upon a maxim “violent non fit injuria”, which means that a person who assents and injured is not regarded in law to be injured, edicted upon knowledge and consent

A

DOCTRINE OF ASSUMPTION OF RISK

32
Q

A dentist cannot be liable for negligence if the injury sustained by a patient is on account of unforeseen conditions

But, a dentist who fails to ascertain to condition of the patient for want of the requisite skills and training is answerable for the injury sustained by the patient if injury resulted thereto

A

DOCTRINE OF FORSEEABILITY

33
Q

It provides that if an employee was injured on account of the negligence of his fellow employee, the employer cannot be held liable

A

FELLOW SERVANT DOCTRINE

34
Q

Any person who, in good faith, renders emergency medical care or assistance to an injured person at the scene of the accident or other emergency without the expectation of receiving or intending to receive compensation from such injured person for such service, shall not be liable in civil damages for any act or omission, not constituting gross negligence, in the course of such care or assistance

A

RESCUE DOCTRINE

35
Q

Under the rule, the tortfeasors are joint and severally liable, meaning the plaintiff-patient can recover damages in full from either

A

DEEP POCKET RULE

36
Q

Liability will be compensated by an adjudged person by the court; adjudge person will be a rich person or deep pocket person

A

DEEP POCKET RULE

37
Q

Give examples of dental malpractice

A
  • Nerve injuries
  • Negligently completed crowns and bridges
  • Failure to take patient’s relevant medical history
  • Failure to detect oral cancer, periodontal disease, or other diseases
  • Unnecessary extraction of multiple teeth
  • Extraction of wrong teeth

JURIS MIDTERMS (7 decks)

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