Standard of Care

Question 1

Respondeat Superior

Answer 1

similar to vicarious liability

Question 2

Res ipsa loquitor

Answer 2

negligence is so apparent that presumption of the breach of duty leading to the action or occurrence can be made by court

“the thing speaks for itself”

Expert testimony is not required

Question 3

Duty

Breach

Injury

Causation

Answer 3

elements of medical malpractice

Question 4

Standard of care?

Answer 4

reasonably prudent person under the circumstances (RPPUTC)

Locality Rule (falling out of favor, urban vs. rural doctors, e.g.)

National or Professional Rule

Question 5

event would not ordinarily occur without negligence

apparent/presumptive cause was within exclusive control of dependant

no negligence on the part of the plaintiff

Answer 5

Three requirements for Res ipsa loquitor

Question 6

adverse event that occurs in the delivery of healthcare services w/ resulting injury to the patient

Answer 6

potentially compensable event (PCE)

Question 7

individual who actively delivered care in primary or consultative roles during episodes of care that gave risk to allegation of malpractice, regardless of the SOC determination

Answer 7

significantly involved provider (SIP)