Test #2 Flashcards
Failure to do what a reasonably prudent person would do under the circumstances then and there existing.
Negligence
Failure to do what a reasonable, prudent ___(insert defendant’s medical field)______ would do under the circumstances.
Medical malpractice
What are the elements of a negligence claim?
Duty, Breach, Injury, and Causation
Duty may arise from/be created by what?
Statute, Special Consensual Relationship, Voluntary action by the defendant, or policies of the HC organization,
A legal obligation to exercise due care imposed on one to protect the rights of others.
Duty
Examples that a duty to care exist.
- Chandler, 1989
- Oliver v. Brock (ALa. 1976)
What is the duty? Give example.
“To exercise reasonable care.”
-Deerings West Nursing Center v. Scott
Texas law requires hiring of competent, licensed employees. Nursing home failed to verify license of employee who attacked resident’s sibling. What case is this?
Deerings West Nursing Center v. Scott
What is reasonable care?
In medical/health professions, it is the applicable “standard of care”
Give examples of when duty should end?
Patient is cured, dies, decides to go elsewhere, is properly referred to another doctor, or doctor properly terminates the relationship
What is the doctor’s duty in terminating a relationship?
The physician is entitled to terminate the relationship only after he has given the patient reasonable notice and an opportunity to secure the services of another competent physician.
The failure to conform to, or the departure from, a required standard of care.
Breach
What are the qualifications of expert witness under AMLA?
They have to match the defendant in terms of education, experience, board of ceritification, and area of specialization
What is a quote considering injury?
“no harm, no foul”
What kind of harm must be done for it to be considered an injury?
Physical, Financial, or emotional
What kind of injury must a plaintiff prove some kind of physical impact or be within the “zone of danger”?
Emotional Injury
Any deliberateinvasionof,orinterferencewith,theproperty, propertyrights,personalrights,orpersonallibertiesofanotherthat causesinjurieswithoutjust cause orexcuse.
Intentional Tort
The threat of an “offensive touching” coupled with the apparent ability to make good on the threat.
Assault
An offensive of touching. “without consent”
Battery
What may occur where medical treatment takes place without informed consent.
Battery
A false statement to a third party that harms the plaintiff’s personal or professional reputation.
Defamation
what is the difference between libel and slander?
Libel is written defamation while slander is spoken defamation
What are some defense to a defamation claim?
Truth, Opinion, or Privilege
Unlawful restraint of a person’s liberty or unlawful restraint or confinement of an individual.
False Imprisonment
