Psychiatric malpractice lecture Flashcards
All are required for res ipsa loquitur except:
A) Harm rarely occurs in the absence of negligence
B) The defendant was physically present at the time of the negligence
C) The plaintiff did not contribute to the bad result
D) Only the defendants have access to information about what happened
B) The defendant was physically present at the time of the negligence
The most common cause of action against psychiatrists is:
A) Breach of confidentiality
B) Suicide
C) Homicide - suicide
D) Missed diagnosis
B) Suicide
From a forensic-legal standpoint, suicide malpractice cases turn on which two elements?
A) Malpractice
B) Foreseeability
C) Precautions taken
D) A and B
E) B and C
E) B and C
Civil sanctions for sexual malpractice include all of the following except:
A) malpractice
B) Felony conviction
C) Intentional tort
D) Breach of contract
E) Loss of consortium
B) Felony conviction
Negligence involves all of the following except:
A) Duty
B) Dereliction of Duty
C) Derogation
D) Direct causation
E) Damages
C) Derogation
Which of the following could potentially create transferred negligence via a duty to 3rd parties?:
A) Inviting a patient’s spouse to the therapy to confront him about abuse
B) Instructing a patient to sue her previous psychiatrist for negligent prescribing
C) Recommending a patient get a divorce
D) All of the above
D) All of the above
Which of the following is NOT a common error in malpractice case analysis?
A) Considering intervening causes
B) Hindsight bias
C) Identifying an excessive number of deviations
D) Opining on causation when issues are outside your area of expertise
A) Considering intervening causes
Clites v. Iowa (IA COA, 1982) involved all of the following issues except:
A) Freedom from unreasonable bodily restraints
B) Informed consent was not obtained
C) Medication use for the convenience of staff
D) Failure to monitor for tardive dyskinesia
A) Freedom from unreasonable bodily restraints
In Roy v. Hartogs (NY SC, 1976), punitive damages were denied by the court because:
A) compensatory damages had already been reduced
B) They were barred by statutory seduction suits
C) Defendant had no evil/malicious intent
D) Plaintiff was capable of knowing and meaningful consent
C) Defendant had no evil/malicious intent
Which of the following is true about Osheroff v. Chestnut Lodge?
A) Showdown between biological and psychoanalytic psychiatry
B) Claims included: failure to disclose alternative treatments
C) Settled out of court
D) All of the above
D) All of the above
All of the following should be avoided in malpractice case analysis, EXCEPT?
A) Using standard of excellence
B) Identifying 1 or 2 causally connected deviations
C) opining on causation outside your area of expertise
D) hindsight bias
B) Identifying 1 or 2 causally connected deviations
Vignette: Mr. A hospitalized for depression, SI. Improved over 4 days, no longer endorsed SI. Constant obs. reduced to 15” checks. During evening visit, wife told him he wanted a divorce. Mr. A returned to room, wrote brief note re: anger toward wife, suicided by hanging. Suit filed re: failure to prevent suicide. Regarding malpractice, which of the following is most correct?
A) Mr. A’s suicide was reasonably foreseeable
B) the likely deviation was a failure to implement appropriate precautions
C) Mr. A should have been moved to 5-minute checks
D) The wife’s rejection was an intervening cause
D) The wife’s rejection was an intervening cause
