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LEGAL MEDICINE & MEDICAL JURISPRUDENCE (3RD YEAR) > TORTS AND DAMAGES > Flashcards

TORTS AND DAMAGES Flashcards

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USMLE® Step 1 flashcards
1
Q

What is an unlawful violation of a private right not created by contract, which gives rise to an action for damages?

A

A tort.

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2
Q

What is an act or omission producing an injury to another, without any previous existing lawful relation of which the act or omission may be said to be a natural outgrowth or incident?

A

A tort.

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3
Q

What is the primary purpose of tort law?

A

To provide compensation to a person who was injured by the tortious conduct of the defendant.

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4
Q

What is the focus of negligence torts?

A

To address voluntary acts or omissions resulting in injury to others without intent, often due to a failure to exercise due care.

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5
Q

What are the three classes of torts?

A

Negligent torts, intentional torts, and strict liability.

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6
Q

What is a negligent tort?

A

A voluntary act or omission resulting in injury to others without intent, due to failure to exercise due care.

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7
Q

What is an intentional tort?

A

A tort where harm is caused intentionally.

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8
Q

What is strict liability in tort law?

A

Liability for damages without requiring proof of negligence or intent.

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9
Q

What are the classifications of medical professional liability?

A

Feasance, malfeasance, misfeasance, and nonfeasance.

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10
Q

What is malfeasance in the context of medical professional liability?

A

A wrongful or unlawful act.

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11
Q

What is misfeasance in the context of medical professional liability?

A

Improper performance of a lawful act.

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12
Q

What is nonfeasance in the context of medical professional liability?

A

Failure to do something that should have been done.

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13
Q

What does ‘malpractice’ literally mean?

A

Wrong practice.

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14
Q

What is malpractice a generic term for?

A

Breach of practice, breach of profession, carelessness, culpable professional neglect, dereliction of duty, improper professional action, etc.

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15
Q

To which professions does malpractice apply?

A

All professions.

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16
Q

What is the deviation or failure to follow standards called?

A

Malpractice.

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17
Q

What are the adverse effects of malpractice on a physician?

A

Civil, criminal, and administrative charges; time spent preparing defense; court attendance; damage to professional reputation; loss of public confidence; disturbance to peace of mind; and financial expenses.

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18
Q

When is a physician liable for malpractice?

A

When their act or omission results in harm or injury to a patient, through their own actions, an agent, a partner, or when they fail to prevent harm caused by others.

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19
Q

What questions should be considered when attending patients?

A

Can I safely operate? What consent is needed? Is consultation required? Are tests adequate? Should I insist on an autopsy? How much information should I release and to whom?

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20
Q

What is the best means to defend against malpractice suits?

A

Keeping good and complete clinical and hospital records.

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21
Q

Which patients are more likely to sue for malpractice?

A

Patients with less than perfect outcomes, dissatisfied or disgruntled patients, and new patients.

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22
Q

What should be documented in patient records to defend against malpractice?

A

Every step of examination and management, especially patient refusals.

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23
Q

What are the circumstances to consider in determining negligence?

A
  1. Time (e.g., lack of sleep at night), 2. Place (e.g., lack of equipment in the hospital), 3. Emergency (e.g., inability to anticipate adverse events), 4. Gravity of harm to be avoided, 5. Alternative course of action, 6. Social value or utility of the activity, 7. Person exposed to the risk, especially those who can afford to sue.
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24
Q

What is negligence in the context of malpractice?

A

Negligence is doing some act which a reasonable and prudent physician would not do, or failing to do something that such a person would do.

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25
Q

What must a physician do to avoid negligence?

A

Stay updated, avoid experimentation, and inform patients if their condition is beyond the physician’s knowledge or skill.

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26
Q

What evidence must a patient provide in a negligence claim?

A

Evidence that the physician failed to act as a reasonably prudent physician would, or acted in a way such a physician would not, and that this caused the injury.

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27
Q

What is the standard of care in medical practice?

A

The diligence and care of a good father of a family, which means ordinary care and diligence, evaluated in light of the advanced state of medical knowledge at the time.

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28
Q

Can the standard of care differ based on location or training?

A

No, the standard of care cannot compare a highly developed city to a far-flung province or a trained surgeon to an untrained one.

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29
Q

What are the four D’s of negligence?

A
  1. Duty to deliver standard care, 2. Dereliction (failure to apply standard care), 3. Direct cause (injury or harm to a patient), 4. Damages.
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30
Q

What happens if the plaintiff fails to prove any of the four D’s of negligence?

A

The case may be dismissed.

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31
Q

What is the quantum of proof required to prove negligence?

A

Preponderance of evidence.

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32
Q

What is ‘res ipsa loquitur,’ and how does it apply to negligence cases?

A

It means ‘the thing speaks for itself,’ indicating that negligence is presumed based on the nature of the injury or event.

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33
Q

What is the special rule of experts in negligence cases?

A

Experts must exhibit the care and skill of someone ordinarily skilled in their field, and they will be held liable if they fail to meet this standard.

34
Q

What are some causes of increasing medical malpractice cases?

A
  1. Tactless comments by healthcare providers, 2. Perceived arrogance or uncaring attitudes, 3. Negative media portrayal, 4. Poor record keeping, 5. Perceived comfort with lawsuits, 6. Commercialization of practice, 7. Patient awareness of rights, 8. Bad treatment outcomes.
35
Q

What are some precautionary measures to minimize malpractice risks?

A
  1. Use printed consent forms, 2. Separate consents for operations and anesthesia, 3. Send all tissues and specimens to pathology, 4. Avoid public discussions of cases, 5. Keep good records, 6. Promptly respond to referrals.
36
Q

What should physicians avoid when discussing diagnoses?

A

Avoid overoptimistic prognoses and use terms like ‘probably’ or ‘most likely’ when unsure.

37
Q

What are the five rights in drug administration?

A
  1. Right drug, 2. Right patient, 3. Right dose, 4. Right time, 5. Right route, and ensure the drug is not expired.
38
Q

What are specific acts or omissions that constitute medical malpractice?

A
  1. Failure to take medical history, 2. Failure to examine the patient adequately, 3. Non-referral to specialists, 4. Failure to consult prior physicians, 5. Use of inappropriate diagnostic tests, 6. Failure to diagnose infections, 7. Abandonment of patients.
39
Q

What is abandonment in medical practice?

A

Termination of the physician-patient relationship without giving adequate notice or opportunity for the patient to find another physician.

40
Q

What is substantial evidence?

A

The amount of evidence a reasonable mind might accept to produce a conviction, used in administrative cases.

41
Q

What is preponderance of evidence?

A

The superior weight of evidence required in civil cases.

42
Q

What is proof beyond reasonable doubt?

A

The degree of proof that produces moral certainty, required in criminal cases.

43
Q

What are damages in the legal context?

A

Pecuniary compensations that may be recovered for an injury sustained or from breach of some duty or the violation of some right recognized by law.

44
Q

What is ‘damnum absque injuria’?

A

Damage without injury or unlawful conduct, such as a loss due to non-expectancy future events (e.g., a newly graduated doctor who dies unexpectedly).

45
Q

What are actual damages?

A

Compensatory damages for hospitalizations, funeral expenses, travel, or other pecuniary losses as duly proven.

46
Q

What are moral damages?

A

Compensation for physical/mental suffering or humiliation; often calculated using the per diem method (pain and suffering value per day multiplied by duration) or the golden rule method (judge estimates based on personal perspective).

47
Q

What are temperate or moderate damages?

A

Damages awarded when pecuniary loss has been suffered but cannot be proved with certainty.

48
Q

What are liquidated damages?

A

Compensation for a breach of contract.

49
Q

What are exemplary damages?

A

Punitive or corrective damages imposed as a deterrent for wanton, reckless, malicious, or oppressive conduct.

50
Q

What is jurisprudence in the context of damages?

A

Includes attorney’s fees, litigation expenses with legal interest, filing fees, and sometimes payment of the other party’s attorney fees.

51
Q

What is the Doctrine of Foreseeability?

A

The Doctrine of Foreseeability states that negligence cannot exist without foreseeability. A physician cannot be held liable if an injury was due to unforeseen conditions or inevitable events (e.g.

52
Q

What is the test for negligence under the Doctrine of Foreseeability?

A

The test asks: Did the defendant act with reasonable care and caution that an ordinary person would use in the same situation? If not, they are guilty of negligence.

53
Q

What is the Emergency or Sudden Peril Doctrine?

A

This doctrine states that a person may be cleared of negligence if, during an unforeseen emergency not of their making, their judgment was clouded. It exempts someone from the ordinary standard of reasonable care.

54
Q

What is the Doctrine of Vicarious Liability?

A

This doctrine assigns liability for an injury to a person who did not directly cause it but has a legal relationship with the negligent individual (e.g., employer-employee).

55
Q

What does the Doctrine of Respondeat Superior entail?

A

The employer is held liable for the negligent actions of employees performed within the scope of their employment, regardless of whether the employer exercised due diligence.

56
Q

What is the Doctrine of Ostensible Agent or Agency by Estoppel?

A

Hospitals can be held liable for a physician’s negligence if they create the appearance that the physician is part of their medical staff, even if the physician is an independent contractor.

57
Q

What is the Doctrine of Res Ipsa Loquitur?

A

The Doctrine of Res Ipsa Loquitur states that negligence is presumed if the injury would not have occurred without someone’s negligence, and the defendant had exclusive control over the cause.

58
Q

What are the elements of the Doctrine of Res Ipsa Loquitur?

A
  1. The event does not normally occur without negligence. 2. The plaintiff or a third party did not cause the injury. 3. The negligence falls within the defendant’s duty to the plaintiff.
59
Q

What is the Doctrine of Contributory Negligence?

A

It is a defense where the plaintiff’s negligence contributed to their injury. However, the plaintiff is not barred from recovery if their negligence is only contributory.

60
Q

What is the Doctrine of Continuing Negligence?

A

This doctrine holds that a physician may be liable if they fail to investigate a patient’s non-response to prolonged treatment or ignore patient complaints of chronic pain.

61
Q

What is the Doctrine of Informed Consent?

A

Physicians must explain the risks of procedures to patients, ensuring they are aware of significant risks and alternatives before proceeding.

62
Q

What is the Doctrine of Assumption of Risk?

A

A person who knowingly and voluntarily exposes themselves to a known danger assumes the risk and is barred from recovery for resulting injuries.

63
Q

What is the Doctrine of Last Clear Chance?

A

The doctrine assigns responsibility to the party who had the last opportunity to avoid an accident, despite the other party’s negligence.

64
Q

What is the Doctrine of Corporate Responsibility?

A

Hospitals have a duty to ensure proper supervision of medical staff, meet standards of care, and provide quality patient care.

65
Q

What duties are imposed on hospitals under the Doctrine of Corporate Negligence?

A
  1. Maintain safe facilities and equipment. 2. Retain competent physicians. 3. Oversee patient care. 4. Enforce adequate policies to ensure quality care.
66
Q

What is the Doctrine of Independent Contractor?

A

Hospitals are not liable for the negligence of independent contractors, such as visiting consultants, unless an employer-employee relationship exists.

67
Q

What is the Borrowed Servant Theory?

A

The employer temporarily controlling a borrowed employee is liable for the employee’s actions during the period of supervision.

68
Q

What is the control test for determining an employer-employee relationship?

A

The control test evaluates whether the employer has the right to control not just the work’s outcome but also the manner in which the work is performed.

69
Q

What does the Doctrine of Volenti Non Fit Injuria state?

A

It states that a person who consents to a risk cannot claim injury from it. It underpins the Doctrine of Assumption of Risk.

70
Q

Q: What is the Captain of the Ship Doctrine?

A

A: The Captain of the Ship Doctrine holds the person in charge (e.g., a surgeon) responsible for all those under their supervision in an operating room, regardless of whether the captain is directly responsible for an error or act of negligence.

71
Q

Q: What does the Doctrine of Stare Decisis mean?

A

A: It means ‘to adhere to precedents and not to unsettle things which are established.’ Courts must follow Supreme Court decisions as judicial precedents in subsequent cases.

72
Q

Q: What is the Doctrine of Estoppel by Laches?

A

A: An equitable doctrine denying relief to a claimant who has unreasonably delayed asserting a claim, often citing a prescriptive period and negligence in pursuing the case.

73
Q

Q: What is the Fellow Servant Doctrine?

A

A: A common law doctrine reducing or barring an injured employee’s recovery against an employer if the injury was caused solely by a coworker’s negligence.

74
Q

Q: What is the Doctrine of Comparative Injury?

A

A: It is a rule in equity stating that injunctive relief must be denied if the injury caused to the respondent or the public is disproportionate to the relief sought.

75
Q

Q: What is the Doctrine of Compassionate Justice?

A

A: This doctrine allows harsh laws and rigid procedural rules to be tempered for compassion, such as suspending punishment for elderly or terminally ill patients.

76
Q

Q: What is Res Adjudicata?

A

A: It refers to a legal matter already decided by a court, preventing re-litigation of the same issue in future cases.

77
Q

Q: What is Res Gestae?

A

A: Secondhand statements considered trustworthy and admissible in court because they were made spontaneously and concurrently with an event.

78
Q

Q: What is a Quasi-Delict?

A

A: A negligent act or omission causing harm without a pre-existing contractual relation, exposing the negligent party to civil liability.

79
Q

Q: What is the Rescue Doctrine or Good Samaritan Law?

A

A: It protects individuals who attempt to help someone in imminent danger from negligence charges, provided the attempt was not reckless.

80
Q

Q: Does the Philippines have a Good Samaritan Law?

A

A: No. While the Revised Penal Code penalizes abandonment of a person in danger, there is no law providing immunity from civil liability for good samaritans.

LEGAL MEDICINE & MEDICAL JURISPRUDENCE (3RD YEAR) (3 decks)

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