Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

#NUR1113 > Week 7: Negligence, Criminal Law, Coronial Jurisdiction > Flashcards

Week 7: Negligence, Criminal Law, Coronial Jurisdiction Flashcards

1
Q

Define:

Blyth v. Birmingham Waterworks Company

A

A landmark 1856 case that defined the concept of negligence. It involved Birmingham Waterworks and Mr. Blyth, where the court ruled that negligence could only be established if the company failed to act reasonably under unforeseen circumstances (such as a severe frost).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is…

A legal concept that assesses whether the harm suffered was a foreseeable result of the negligent act. If the harm was too remote or unexpected, the claim may fail.

A

Remoteness of Damage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Define:

Mens Rea

A

The mental intention or knowledge of wrongdoing that constitutes part of a crime.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is…

Laws formally enacted by parliaments or governing bodies.

A

Legislation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is…

An institute that provides expert forensic medical services, including conducting autopsies for the Coroner’s Court.

A

Victorian Institute of Forensic Medicine

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Define:

Infanticide

A

The act of a mother causing the death of her child under specific conditions, such as post-birth mental disorders, treated differently from murder.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is…

A principle from medical law stating that a professional is not considered negligent if their actions align with accepted practices among peers, unless those practices are proven inadequate.

A

Bolam Principle

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is…

A piece of legislation in Victoria that governs actions for negligence. Amended in 2003, it includes provisions on contributory negligence, mental harm, and liability, among others.

A

Wrongs Act 1958

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is…

A retired judge who led a review of negligence laws in the late 1990s following issues in the insurance industry, including the collapse of HIH insurance.

A

Justice Ipp

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Define:

Civil Law

A

The branch of law dealing with disputes between private parties, such as individuals or corporations, usually involving compensation rather than punishment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is…

A threshold for awarding damages for non-economic losses, such as pain and suffering, where the injury must involve significant impairment (more than 5%) or psychiatric impairment (more than 10%).

A

Whole Person Impairment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Define:

Justice Ipp

A

A retired judge who led a review of negligence laws in the late 1990s following issues in the insurance industry, including the collapse of HIH insurance.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is…

In this context, monetary compensation awarded to a person who sues for negligence, rather than referring to physical or emotional harm.

A

Damages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is…

A specialized court that investigates deaths that are unexpected, unnatural, accidental, or violent to determine how and why the death occurred.

A

Coroner’s Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Define:

Inquisitorial System

A

A legal process, particularly used in the Coroner’s Court, where the court itself seeks out evidence and facts rather than relying solely on the arguments of opposing parties.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is…

Inquiries conducted by the coroner into medical cases, often involving evidence from healthcare professionals, to determine if a death was preventable.

A

Medical-Legal Investigations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Define:

Legislation

A

Laws formally enacted by parliaments or governing bodies.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is…

The killing of a human being, which can be classified as murder or manslaughter based on intent and circumstances.

A

Homicide

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is…

A criminal offense under the Crimes Act involving the non-medical cutting or alteration of female genitalia, recognized as a form of abuse.

A

Female Genital Mutilation (FGM)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is…

A form of homicide where the death is caused by negligence, recklessness, or lack of direct intent to kill.

A

Manslaughter

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is…

The termination of pregnancy, which is legal up to 24 weeks under Victorian law, with later abortions requiring medical certification by two doctors.

A

Abortion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is…

A legal obligation where a person or entity must act with a certain standard of care to avoid causing harm to others.

A

Duty of Care

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is…

A legal system where two parties present their arguments to a judge or jury, who remains impartial and ensures fairness.

A

Adversarial System

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Although not a legal term, refers to the act of intentionally ending a person’s life to relieve suffering, with discussions focusing on active versus passive forms within healthcare.

A

Euthanasia

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What is…

A form of alternative dispute resolution where a neutral third party assists the disputing parties in reaching a mutually agreeable solution outside of court.

A

Mediation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What is…

No longer considered a crime under Victorian law, but inciting someone to commit suicide remains a criminal offense.

A

Suicide

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

What is…

The legal representative of the state in criminal cases, responsible for presenting the case against the accused.

A

Crown Prosecutor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Define:

Civil Negligence

A

Negligence that is tried in civil court and typically involves a failure to exercise reasonable care, as opposed to criminal negligence, which involves intentional harm.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Define:

Remoteness of Damage

A

A legal concept that assesses whether the harm suffered was a foreseeable result of the negligent act. If the harm was too remote or unexpected, the claim may fail.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Define:

Coronial Investigation

A

The process undertaken by the coroner to gather evidence, including autopsies and examinations, to determine the cause and circumstances of death.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Define:

Actus Reus

A

The physical act or omission that constitutes a criminal offense, which must be voluntary and intentional.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

What is…

The level of certainty required to prove a case in court. In criminal cases, this is “beyond reasonable doubt,” and in civil cases, it is “on the balance of probabilities.”

A

Standard of Proof

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

What is…

The official written conclusions of a coronial investigation, including the identity of the deceased, the cause of death, and any recommendations for preventing similar deaths.

A

Coroner’s Findings

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

Define:

Wrongs Act 1958

A

A piece of legislation in Victoria that governs actions for negligence. Amended in 2003, it includes provisions on contributory negligence, mental harm, and liability, among others.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

Define:

Female Genital Mutilation (FGM)

A

A criminal offense under the Crimes Act involving the non-medical cutting or alteration of female genitalia, recognized as a form of abuse.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

Define:

Coroner’s Findings

A

The official written conclusions of a coronial investigation, including the identity of the deceased, the cause of death, and any recommendations for preventing similar deaths.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

Define:

Coroner’s Court

A

A specialized court that investigates deaths that are unexpected, unnatural, accidental, or violent to determine how and why the death occurred.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

Define:

Standard of Care

A

The level of care that a reasonably competent professional in the same field would provide under similar circumstances. A failure to meet this standard can lead to a finding of negligence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

What is…

A legal principle ensuring fairness and impartiality in legal proceedings, including the right to be heard and the presumption of innocence.

A

Natural Justice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

What is…

The person or party who initiates a civil lawsuit against a defendant.

A

Plaintiff

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

What is…

The failure to take reasonable care to avoid causing injury or loss to another person. In legal terms, it refers to the omission of doing something a reasonable person would do, or doing something a prudent person would not do.

A

Negligence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

What is…

The level of care that a reasonably competent professional in the same field would provide under similar circumstances. A failure to meet this standard can lead to a finding of negligence.

A

Standard of Care

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

Define:

Pathologist

A

A medical professional who conducts autopsies and provides expert opinions on the cause of death during coronial investigations.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

Define:

Breach of Duty

A

Occurs when a person or entity fails to meet the expected standard of care, potentially leading to a negligence claim.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

Define:

Common Law

A

Law developed through judicial decisions rather than through legislative statutes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

Define:

Euthanasia

A

Although not a legal term, refers to the act of intentionally ending a person’s life to relieve suffering, with discussions focusing on active versus passive forms within healthcare.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

What is…

The requirement that the breach of duty directly caused the harm suffered by the plaintiff in a negligence case.

A

Causation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

Define:

Reportable Death

A

A death that meets certain criteria, such as being unexpected, unnatural, or occurring in custody, which must be reported to the coroner for investigation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

Define:

Crown Prosecutor

A

The legal representative of the state in criminal cases, responsible for presenting the case against the accused.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

Define:

Manslaughter

A

A form of homicide where the death is caused by negligence, recklessness, or lack of direct intent to kill.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
51
Q

What is…

Occurs when a person or entity fails to meet the expected standard of care, potentially leading to a negligence claim.

A

Breach of Duty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
52
Q

Define:

Abortion

A

The termination of pregnancy, which is legal up to 24 weeks under Victorian law, with later abortions requiring medical certification by two doctors.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
53
Q

What is…

The individual or entity being accused or sued in a legal proceeding.

A

Defendant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
54
Q

Define:

Criminal Negligence

A

A severe form of negligence where there is intent to cause harm, requiring proof beyond a reasonable doubt. For example, in cases where healthcare workers cause intentional harm to patients.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
55
Q

Define:

Criminal Law

A

The body of law pertaining to offenses that harm individuals or the state, with actions initiated by the state through entities like the police.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
56
Q

What is…

A legal process, particularly used in the Coroner’s Court, where the court itself seeks out evidence and facts rather than relying solely on the arguments of opposing parties.

A

Inquisitorial System

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
57
Q

Define:

Balance of Probabilities

A

The standard of proof in civil cases, where the plaintiff must prove that their claims are more likely than not to be true.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
58
Q

What is…

The death of a child where it is the second or subsequent death of the parents’ children, or it meets other criteria for review by the coroner.

A

Reviewable Death

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
59
Q

What is…

The standard of proof in civil cases, where the plaintiff must prove that their claims are more likely than not to be true.

A

Balance of Probabilities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
60
Q

Define:

Adversarial System

A

A legal system where two parties present their arguments to a judge or jury, who remains impartial and ensures fairness.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
61
Q

What is…

The body of law pertaining to offenses that harm individuals or the state, with actions initiated by the state through entities like the police.

A

Criminal Law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
62
Q

What is…

The physical act or omission that constitutes a criminal offense, which must be voluntary and intentional.

A

Actus Reus

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
63
Q

What is…

A summary offense where someone attempts to hide the birth of a child, punishable by imprisonment.

A

Concealment of Birth

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
64
Q

What is…

A public court hearing led by the coroner to investigate the causes of one or more deaths or fires, focused on uncovering facts rather than assigning blame.

A

Inquest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
65
Q

Define:

Good Samaritan

A

A person who voluntarily offers help in an emergency situation. Under the Wrongs Act, Good Samaritans are protected from liability for negligence when providing assistance, provided they act in good faith.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
66
Q

What is…

A death that meets certain criteria, such as being unexpected, unnatural, or occurring in custody, which must be reported to the coroner for investigation.

A

Reportable Death

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
67
Q

Define:

Autopsy

A

A postmortem examination conducted by a pathologist to determine the cause of death, including both internal and external analysis of the body.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
68
Q

Define:

Medical-Legal Investigations

A

Inquiries conducted by the coroner into medical cases, often involving evidence from healthcare professionals, to determine if a death was preventable.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
69
Q

What is…

The act of intentional sexual penetration without consent, including the introduction of objects into the body.

A

Rape

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
70
Q

What is…

A legal standard used to determine if a party acted with reasonable care. It refers to what an average person with ordinary prudence would have done in similar circumstances.

A

Reasonable Person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
71
Q

What is…

The branch of law dealing with disputes between private parties, such as individuals or corporations, usually involving compensation rather than punishment.

A

Civil Law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
72
Q

What is…

Legislation that governs the responsibilities and powers of the Coroner’s Court, including the investigation of deaths and fires.

A

Coroners Act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
73
Q

Define:

Concealment of Birth

A

A summary offense where someone attempts to hide the birth of a child, punishable by imprisonment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
74
Q

What is…

A legal concept where the plaintiff’s own negligence contributed to the harm suffered, potentially reducing the damages awarded.

A

Contributory Negligence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
75
Q

Define:

Inquest

A

A public court hearing led by the coroner to investigate the causes of one or more deaths or fires, focused on uncovering facts rather than assigning blame.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
76
Q

What is…

The process undertaken by the coroner to gather evidence, including autopsies and examinations, to determine the cause and circumstances of death.

A

Coronial Investigation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
77
Q

Define:

Reviewable Death

A

The death of a child where it is the second or subsequent death of the parents’ children, or it meets other criteria for review by the coroner.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
78
Q

What is…

Negligence that is tried in civil court and typically involves a failure to exercise reasonable care, as opposed to criminal negligence, which involves intentional harm.

A

Civil Negligence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
79
Q

What is…

The mental intention or knowledge of wrongdoing that constitutes part of a crime.

A

Mens Rea

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
80
Q

Define:

Suicide

A

No longer considered a crime under Victorian law, but inciting someone to commit suicide remains a criminal offense.

81
Q

Define:

Causation

A

The requirement that the breach of duty directly caused the harm suffered by the plaintiff in a negligence case.

82
Q

Define:

Reasonable Person

A

A legal standard used to determine if a party acted with reasonable care. It refers to what an average person with ordinary prudence would have done in similar circumstances.

83
Q

What is…

Law developed through judicial decisions rather than through legislative statutes.

A

Common Law

84
Q

What is…

A severe form of negligence where there is intent to cause harm, requiring proof beyond a reasonable doubt. For example, in cases where healthcare workers cause intentional harm to patients.

A

Criminal Negligence

85
Q

Define:

Duty of Care

A

A legal obligation where a person or entity must act with a certain standard of care to avoid causing harm to others.

86
Q

Define:

Mediation

A

A form of alternative dispute resolution where a neutral third party assists the disputing parties in reaching a mutually agreeable solution outside of court.

87
Q

Define:

Contributory Negligence

A

A legal concept where the plaintiff’s own negligence contributed to the harm suffered, potentially reducing the damages awarded.

88
Q

Define:

Damages

A

In this context, monetary compensation awarded to a person who sues for negligence, rather than referring to physical or emotional harm.

89
Q

Define:

Murder

A

The unlawful killing of another person with the intent to kill or cause grievous harm.

90
Q

What is…

A medical professional who conducts autopsies and provides expert opinions on the cause of death during coronial investigations.

A

Pathologist

91
Q

What is…

A person who voluntarily offers help in an emergency situation. Under the Wrongs Act, Good Samaritans are protected from liability for negligence when providing assistance, provided they act in good faith.

A

Good Samaritan

92
Q

What is…

The act of a mother causing the death of her child under specific conditions, such as post-birth mental disorders, treated differently from murder.

A

Infanticide

93
Q

Define:

Non-custodial Supervision Order

A

A legal order requiring a person to be supervised in the community rather than being held in custody, relevant to reportable deaths.

94
Q

What is…

The unlawful killing of another person with the intent to kill or cause grievous harm.

A

Murder

95
Q

Define:

Plaintiff

A

The person or party who initiates a civil lawsuit against a defendant.

96
Q

Define:

Rape

A

The act of intentional sexual penetration without consent, including the introduction of objects into the body.

97
Q

Define:

Whole Person Impairment

A

A threshold for awarding damages for non-economic losses, such as pain and suffering, where the injury must involve significant impairment (more than 5%) or psychiatric impairment (more than 10%).

98
Q

What is…

A legal order requiring a person to be supervised in the community rather than being held in custody, relevant to reportable deaths.

A

Non-custodial Supervision Order

99
Q

What is…

A postmortem examination conducted by a pathologist to determine the cause of death, including both internal and external analysis of the body.

A

Autopsy

100
Q

Define:

Victorian Institute of Forensic Medicine

A

An institute that provides expert forensic medical services, including conducting autopsies for the Coroner’s Court.

101
Q

Define:

Standard of Proof

A

The level of certainty required to prove a case in court. In criminal cases, this is “beyond reasonable doubt,” and in civil cases, it is “on the balance of probabilities.”

102
Q

Define:

Bolam Principle

A

A principle from medical law stating that a professional is not considered negligent if their actions align with accepted practices among peers, unless those practices are proven inadequate.

103
Q

Define:

Negligence

A

The failure to take reasonable care to avoid causing injury or loss to another person. In legal terms, it refers to the omission of doing something a reasonable person would do, or doing something a prudent person would not do.

104
Q

What is…

A landmark 1856 case that defined the concept of negligence. It involved Birmingham Waterworks and Mr. Blyth, where the court ruled that negligence could only be established if the company failed to act reasonably under unforeseen circumstances (such as a severe frost).

A

Blyth v. Birmingham Waterworks Company

105
Q

Define:

Homicide

A

The killing of a human being, which can be classified as murder or manslaughter based on intent and circumstances.

106
Q

Define:

Coroners Act

A

Legislation that governs the responsibilities and powers of the Coroner’s Court, including the investigation of deaths and fires.

107
Q

Natural Justice

A

A legal principle ensuring fairness and impartiality in legal proceedings, including the right to be heard and the presumption of innocence.

108
Q

Define:

Defendant

A

The individual or entity being accused or sued in a legal proceeding.

109
Q

What is negligence in the context of healthcare?

A

Negligence in healthcare refers to the failure to provide reasonable care, resulting in injury or harm to a patient.

110
Q

What are the four elements of negligence that must be proven in a legal claim?

A

The four elements are: duty of care, breach of duty, damage or harm, and causation.

111
Q

How does a healthcare professional owe a duty of care to a patient?

A

A duty of care is owed when there is a legally recognized relationship, such as a healthcare professional-patient relationship.

112
Q

What is the Bolam principle?

A

The Bolam principle states that a healthcare professional is not negligent if their actions are in line with practices accepted by peers of similar experience and education.

113
Q

What is the relevance of foreseeability in negligence cases?

A

Foreseeability refers to whether a reasonable healthcare professional could predict and prevent the harm resulting from their actions.

114
Q

What types of harm can a plaintiff claim in a negligence case?

A

A plaintiff can claim physical injury, psychological harm, mental harm, and financial loss.

115
Q

What is the ‘but for’ test in negligence claims?

A

The ‘but for’ test is used to establish causation, meaning that ‘but for’ the defendant’s negligence, the plaintiff would not have suffered harm.

116
Q

What does it mean if damage is “too remote” in a negligence case?

A

If damage is too remote, it means that the harm was not a foreseeable consequence of the negligent act, and the defendant may not be held liable.

117
Q

What is the doctrine of vicarious liability?

A

Vicarious liability means that an employer can be held financially responsible for the negligent actions of their employees.

118
Q

What is the principle of ‘double effect’?

A

The principle of double effect allows actions that have both a positive and a harmful outcome, provided the harmful effect is not the intended result.

119
Q

What is the duty to rescue, and how does it relate to Good Samaritan laws?

A

Good Samaritan laws protect individuals who voluntarily provide assistance in emergencies. Nurses and midwives are not legally obligated to stop, but if they do, they owe a duty of care.

120
Q

Can a Good Samaritan be held liable for negligence?

A

Good Samaritans are generally protected from negligence claims unless their actions were grossly negligent.

121
Q

What are the defenses available to a healthcare professional in a negligence claim?

A

Defenses include proving no duty of care was owed, that the care was reasonable, that no damage was suffered, or that the harm was too remote.

122
Q

What legal provisions exist for healthcare workers acting as Good Samaritans in Australia?

A

Good Samaritans are protected from liability under legislation unless gross negligence is proven.

123
Q

How does vicarious liability shift financial responsibility in negligence cases?

A

Vicarious liability transfers financial responsibility from the individual employee to the employer, who has greater capacity to bear the loss.

124
Q

Why was the Wrongs Act 1958 amended in 2003?

A

The Wrongs Act was amended due to an increase in negligence cases and issues with indemnity insurance, leading to the introduction of provisions for mental harm and damages.

125
Q

What must a plaintiff prove in a civil negligence claim under the Wrongs Act?

A

The plaintiff must prove duty of care, breach of duty, harm or damage, and causation.

126
Q

What is the significance of the standard of care in negligence cases?

A

The standard of care refers to the level of care that a reasonable professional would provide in the same circumstances.

127
Q

How is negligence different in criminal cases compared to civil cases?

A

Criminal negligence involves intent to cause harm and must be proven beyond a reasonable doubt, whereas civil negligence is based on failure to exercise reasonable care.

128
Q

What types of harm must a plaintiff prove to succeed in a negligence claim?

A

The plaintiff must prove physical injury, psychological harm, mental harm, or financial loss resulting from the breach of duty.

129
Q

What is the Coroner’s Court?

A

The Coroner’s Court is a specialized court that investigates deaths that are unexpected, unnatural, accidental, or violent.

130
Q

What is the primary role of the coroner?

A

The coroner investigates reportable deaths to determine the cause and circumstances and make recommendations to prevent similar deaths.

131
Q

What deaths must be reported to the coroner?

A

Deaths that are unexpected, unnatural, accidental, violent, or occur during or after a medical procedure must be reported.

132
Q

What is the difference between an investigation and an inquest?

A

An investigation gathers facts about a death, while an inquest is a public hearing to determine the cause of death and make recommendations.

133
Q

What is a reportable death?

A

A death that is unexpected, unnatural, accidental, violent, or involves a medical procedure, custody, or a non-custodial supervision order.

134
Q

What is a reviewable death?

A

A reviewable death occurs when the deceased is a child and their death is the second or subsequent death of the child’s parents.

135
Q

What is the purpose of an inquest?

A

An inquest seeks to determine the facts of a death and provide recommendations to prevent similar incidents, rather than assign blame.

136
Q

What kind of evidence can the coroner accept?

A

The coroner can accept various types of evidence, including medical records, autopsy reports, and witness statements, even if they are not admissible in other courts.

137
Q

What is an autopsy, and who performs it?

A

An autopsy is a medical examination of a body after death, typically performed by a pathologist to determine the cause of death.

138
Q

What are the three main functions of the Coroner’s Court?

A

The three functions are to investigate deaths and fires, reduce preventable deaths, and promote public health and safety.

139
Q

How does the coroner make recommendations?

A

The coroner provides written findings after an investigation or inquest, which may include recommendations aimed at preventing similar deaths.

140
Q

What is the Coroners Act 2008?

A

The Coroners Act 2008 is the legislation governing the Coroner’s Court in Victoria, outlining the coroner’s duties and the types of deaths that must be reported.

141
Q

When does the coroner conduct an inquest?

A

An inquest is conducted when there is a need to investigate the public health or safety implications of a death or fire, or if the circumstances are unclear.

142
Q

How does an inquest differ from other legal processes?

A

An inquest is inquisitorial, focusing on fact-finding rather than the adversarial process of determining guilt or innocence.

143
Q

Why are some deaths not subject to an inquest?

A

If there is sufficient uncontested evidence, or if the death does not raise public health or safety concerns, an inquest may not be necessary.

144
Q

What should nurses and midwives do in the event of a reportable death?

A

They should avoid interfering with the body, maintain documentation, and report the death if required.

145
Q

What is the importance of clinical documentation in coronial investigations?

A

Clinical documentation is reviewed during coronial investigations to determine the events leading to the death and assess care standards.

146
Q

Why are coroners’ recommendations important?

A

They aim to improve public health and safety by addressing practices or procedures that may prevent future deaths.

147
Q

What happens after the coroner makes recommendations?

A

Relevant authorities must respond to the coroner’s recommendations within three months, outlining actions taken to address them.

148
Q

What is the ‘double effect’ principle?

A

The principle of ‘double effect’ refers to the legal and ethical allowance for treatments that relieve pain, even if they may unintentionally hasten death.

149
Q

How can healthcare delivery be linked to criminal activity?

A

Healthcare delivery can be associated with criminal activity if negligence, intentional harm, or a breach of legal obligations occurs.

150
Q

What is vicarious liability in healthcare?

A

Vicarious liability holds employers responsible for the negligent actions of their employees performed in the course of employment.

151
Q

Why might a nurse be called as a witness in the Coroner’s Court?

A

A nurse might be called to provide evidence about the care they provided to the deceased or to clarify clinical practices.

152
Q

What should a health professional do if a patient asks for assistance to die?

A

They should not assist, as it is illegal. Instead, they should provide appropriate care and refer the patient to a specialist for further support.

153
Q

What is the consequence for a health professional who turns off a ventilator?

A

If done within the scope of medical practice, they are not guilty of murder or manslaughter, provided death has been declared legally.

154
Q

What is the purpose of the doctrine of vicarious liability in healthcare?

A

It holds employers accountable for the actions of their employees within the scope of employment.

155
Q

What are the two main areas of law?

A

Criminal law and civil law.

156
Q

What is criminal law concerned with?

A

Protecting society and prosecuting acts deemed to be against the state, like murder or theft.

157
Q

What is civil law concerned with?

A

Resolving disputes between individuals or entities, often involving monetary compensation.

158
Q

What are the necessary elements to succeed in an action of negligence?

A

Duty of care, breach of duty, causation, and damage.

159
Q

What is the ‘double effect’ principle in healthcare?

A

Administering pain relief that may hasten death but is legally acceptable when intended to alleviate suffering.

160
Q

What are the elements of a crime?

A

Actus reus (the act) and mens rea (the mental intent).

161
Q

What is the difference between murder and manslaughter?

A

Murder involves intentional killing with malice, while manslaughter involves unintentional killing or killing with mitigating circumstances.

162
Q

What happens in the coronial jurisdiction?

A

An inquest is conducted to determine the cause of death, often in healthcare-related deaths.

163
Q

What is a Good Samaritan law?

A

It protects individuals from liability when providing emergency care in good faith.

164
Q

What does ‘beyond reasonable doubt’ mean in criminal cases?

A

The prosecution must prove the accused’s guilt to a very high standard, leaving no reasonable doubt.

165
Q

What is an indictable offence?

A

A serious crime like homicide or sexual assault, which can affect a healthcare professional’s registration.

166
Q

What does ‘vicarious liability’ mean in criminal law?

A

It does not apply; in criminal law, liability is individual, meaning the accused is solely responsible for their actions.

167
Q

What is negligent manslaughter?

A

When a person’s failure to meet a reasonable standard of care results in death, such as in medical malpractice.

168
Q

What is the difference between civil and criminal law in terms of burden of proof?

A

In civil law, the burden of proof is on the balance of probabilities, whereas, in criminal law, it must be beyond reasonable doubt.

169
Q

What is the role of the prosecution in criminal law?

A

The prosecution must gather and present evidence to prove the accused committed the crime.

170
Q

Can a person be tried twice for the same criminal offence?

A

No, the principle of double jeopardy prevents someone from being tried again once a verdict has been reached.

171
Q

What happens if a healthcare professional commits an indictable offence?

A

Their professional registration may be at risk, and they could face legal and disciplinary action.

172
Q

What is a crime according to Professor Glanville Williams (1955)?

A

A legal wrong that can lead to criminal proceedings and result in punishment.

173
Q

What does ‘ignorance of the law’ mean in criminal law?

A

Claiming not to know the law is not a valid defense against criminal charges.

174
Q

What is manslaughter by provocation?

A

When a person kills someone after being provoked, reducing the charge from murder to manslaughter.

175
Q

What is the difference between custodial and non-custodial sentences?

A

Custodial sentences involve imprisonment, while non-custodial sentences may include fines, probation, or community service.

176
Q

What is the main focus of civil law?

A

Compensation for personal or property damage, usually resolved with monetary settlements.

177
Q

What is required to prove a criminal offence?

A

Proof of both actus reus (the act) and mens rea (the intent).

178
Q

What should health professionals know about disconnecting life support?

A

It is lawful once death is legally established as the irreversible cessation of circulation or brain function.

179
Q

Which of the following is the first element that must be established in a negligence case?
A. Breach of duty
B. Causation
C. Duty of care
D. Damages

A

C. Duty of care

180
Q

What is the second element in a negligence claim, after duty of care is established?
A. Foreseeability
B. Breach of duty
C. Intent
D. Proximity

A

B. Breach of duty

181
Q

To succeed in a negligence action, which of the following must be demonstrated regarding damages?
A. Damages were foreseeable
B. Damages were reasonably avoidable
C. Damages were intentional
D. Damages are speculative

A

A. Damages were foreseeable

182
Q

In proving causation in a negligence claim, which of the following must be established?
A. The defendant’s actions were the sole cause of harm
B. The defendant’s breach of duty directly caused the harm
C. There were multiple parties responsible
D. The breach of duty was unintentional

A

B. The defendant’s breach of duty directly caused the harm

183
Q

The doctrine of vicarious liability primarily applies to which of the following relationships?
A. Parent and child
B. Employer and employee
C. Neighbor and neighbor
D. Client and lawyer

A

B. Employer and employee

184
Q

Which of the following best describes the purpose of vicarious liability?
A. To hold individuals accountable for their personal actions
B. To shift liability from one party to another without fault
C. To ensure employers take responsibility for the acts of their employees
D. To protect businesses from lawsuits

A

C. To ensure employers take responsibility for the acts of their employees

185
Q

Under vicarious liability, the employer may be liable for an employee’s actions if the action occurred:
A. During work hours only
B. During any time the employee was acting on behalf of the employer
C. Outside of work hours but on company property
D. While the employee was off duty

A

B. During any time the employee was acting on behalf of the employer

186
Q

Which of the following is not a defense against vicarious liability?
A. The employee was acting outside the scope of employment
B. The employer provided adequate training
C. The employee was acting independently for personal benefit
D. The incident was an unforeseeable accident

A

B. The employer provided adequate training

187
Q

Good Samaritan laws typically protect which of the following individuals?
A. Medical professionals only
B. Anyone who provides aid voluntarily in an emergency
C. Law enforcement officers
D. Hospital employees only

A

B. Anyone who provides aid voluntarily in an emergency

188
Q

Good Samaritan laws will generally not protect individuals in which situation?
A. When acting in good faith
B. When the aid provided was negligent
C. When the person acted without compensation
D. When the actions are in response to an emergency

A

B. When the aid provided was negligent

189
Q

What is the primary purpose of Good Samaritan laws?
A. To provide immunity from criminal charges
B. To encourage bystanders to assist in emergencies
C. To hold medical professionals accountable
D. To ensure all accidents are reported

A

B. To encourage bystanders to assist in emergencies

190
Q

Good Samaritan laws are generally designed to protect helpers from:
A. Criminal prosecution
B. Defamation lawsuits
C. Civil liability
D. All legal consequences

A

C. Civil liability

191
Q

The role of the coroner is primarily concerned with:
A. Determining criminal responsibility
B. Identifying the cause and circumstances of deaths
C. Settling disputes between families and healthcare providers
D. Issuing death certificates

A

B. Identifying the cause and circumstances of deaths

192
Q

Coronial inquests are often held when:
A. A death occurs in a hospital
B. A death is sudden, unexpected, or unexplained
C. A death occurs due to natural causes
D. A death involves medical negligence

A

B. A death is sudden, unexpected, or unexplained

193
Q

Which of the following is a key function of the coronial jurisdiction?
A. To issue criminal sentences
B. To make recommendations for preventing future deaths
C. To handle insurance claims
D. To settle disputes between parties

A

B. To make recommendations for preventing future deaths

194
Q

Coronial findings are used to:
A. Assign blame for wrongful deaths
B. Contribute to public safety and policy reforms
C. Establish precedent in civil courts
D. Provide closure for families involved

A

B. Contribute to public safety and policy reforms

195
Q

Which of the following circumstances could involve criminal activity in healthcare delivery?
A. Unintentional medical errors
B. Negligent care resulting in patient harm
C. Intentional administration of lethal drugs
D. Failure to diagnose a disease

A

C. Intentional administration of lethal drugs

196
Q

Criminal charges in healthcare are most likely to be filed in which situation?
A. Medical negligence leading to patient harm
B. Breach of patient confidentiality
C. Willful misconduct or gross negligence
D. Prescribing incorrect medication

A

C. Willful misconduct or gross negligence

197
Q

The principle of double effect refers to situations where:
A. An action has both a positive and negative outcome
B. The same action is repeated twice for different results
C. The physician acts with malice but claims benefit
D. Two wrongs are justified for the greater good

A

A. An action has both a positive and negative outcome

198
Q

Which of the following is a key requirement for the application of the double effect principle?
A. The bad effect must outweigh the good
B. The negative consequence must not be the intended outcome
C. The physician intends to harm the patient
D. The act must be illegal to be justified

A

B. The negative consequence must not be the intended outcome

#NUR1113 (10 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions