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MED149 Chapter 5

QuestionAnswer
Liability All competent adults are liable, or legally responsible, for their actions on the job and in private life.
Law of Agency: Law governing relationship between principal and agent
Law of Agency may be expressed or implied
Law of Agency Agent One who acts for another.
Respondeat superior Physician is responsible for acts of employee.
Physician Liability as an Employer • Grounds and buildings. • Automobiles. • Employee safety.
Reasonable Person Standard The standard of behavior that judges a person’s actions in a situation according to what a reasonable person would or would not do under similar circumstances.
We are responsible for our actions (or our failure to act) under the Reasonable Person Standard.
Malfeasance Performance of a totally wrongful and unlawful act.
Misfeasance Performance of a lawful act in an illegal or improper manner
Nonfeasance The failure to act when one should.
Four Elements to Prove Negligence Duty, Dereliction, Damage, Direct cause
Duty The person charged owed a duty of care to the accuser.
Dereliction The health care provider breached the duty of care to the patient
Damage Court-ordered monetary awards to patients, given as a result of legally recognized injuries to patients.
Direct cause The breach of duty of care to the patient caused the injury.
General compensatory to compensate for injuries or losses due to violation of a patient’s rights.
Special compensatory To compensate for losses not directly caused by the wrong
Consequential to compensate for losses caused indirectly by a product defect.
Punitive to punish the offender
Nominal to recognize that rights of patients were violated, though no actual loss was proved.
Res ipsa loquitur The thing speaks for itself"—negligence is obvious.
Three conditions for Doctrine of Common Knowledge • The act must obviously be under defendant’s control. • The patient must not have contributed to the act. • It must be apparent that the patient would not have been injured if reasonable care were used.
1 Case of Res Ipsa Loquitur Leaving foreign objects in patient’s body during surgery.
Another Case of Res Ipsa Loquitur Accidentally burning or injuring a patient while he/she is anesthetized.
Another Case of Res Ipsa Loquitur Damaging healthy tissue during surgery.
Another Case of Res Ipsa Loquitur Causing an infection by using unsterilized instruments.
Wrongful Death Statutes State statutes that allow a person's beneficiaries to collect for loss to the estate of the deceased for future earnings when a death is judged to have been due to negligence
In Wrongful Death Statutes the state may also prosecute a heath care practitioner under criminal statutes for the wrongful death of a patient.
Phases of a Lawsuit Pleading phase, Trial phase, Appeals phase
Pleading phase • Summons is issued. Interrogatory or pretrial discovery phase: • Subpoena and deposition may occur
Trial phase: • Jury is selected. • Witnesses are called to testify for both sides. • Jury reaches a verdict
Appeals phase Request for the case to be reviewed by a higher court if the evidence indicates errors have been made or there was injustice or impropriety in the trial court proceedi
Types of Witness Testimony Fact & Expert
Fact Witness provides facts he or she has observed.
Expert
Created by: user-1990156
 

 



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