medical negligence

Question 1

what is medical malpractice

Answer 1

a more serious medical infraction by medical practitioner because it involves concealment of material facts affecting the patient’s care. Omission on the part of the medical practitioner is considered tainted with malice because of deliberate intention to cause harm.

Question 2

what is medical negligence

Answer 2

lesser medical offense because it only involves insufficient knowledge or a skill. The usual account recoverable is actual damages,

Question 3

what is doctrine of informed consent

Answer 3

it evolved into a general principle of law that a physician has the duty to disclose what a reasonably prudent physician would do as to whatever grave risk of injury might be incurred by the patient from the proposed course of treatment. The patient being informed would intelligently exercise his judgment by reasonably balancing the probable risks of the treatment against the probable benefits of the same.

Question 4

what are the four essential elements in proving a malpractice action based on informed consent

Answer 4

1. The physician had a duty to disclose material risks;
2. He failed to disclose or he inadequately disclose the material risks;
3. As a direct and proximate result of the failure to disclose, the patient consented to treatment she otherwise would not have consented to;
4. Plaintiff was injured by the proposed treatment.

Question 5

What is captain of the ship doctrine

Answer 5

The duty of the surgeon to see to it that those under him perform their duties and functions in a proper manner. The surgeon is made responsible for everything that goes wrong within the four corners of the operating room.

Question 6

Four-fold test in determining employer-employee relationship

Answer 6

1. Selection and engagement of services;
2. payment of wages;
3. the power to hire and fire.
4. the power to control not only the end to be achieved but the means to be used in reaching such an end.

Question 7

Doctrine of Apparent Authority

Answer 7

The principal is bound by the acts of his agent with the apparent authority which he knowingly permits the agent to assume. This is where a person of ordinary prudence is justified in presuming that such agent has authority to perform the particular act in question.

Question 8

Doctrine of Apparent Authority

Answer 8

The principal is bound by the acts of his agent with the apparent authority which he knowingly permits the agent to assume. This is where a person of ordinary prudence is justified in presuming that such agent has authority to perform the particular act in question.

Question 9

Doctrine of Corporate Responsibility from the duties of the hospital failure to observe such would amount to corporate negligence.

Answer 9

1. The use of reasonable care in the maintenance of safe and adequate facilities and equipment;
2. The selection and retention of competent physicians;
3. The overseeing or supervision of all persons who practice medicine within its walls; and
4. the formulation adoption and enforcement of adequate rules and policies that ensure quality care for its patients.

Question 10

Borrowed Servant Doctrine

Answer 10

Once the surgeon enters to the operating room and takes charge of the proceedings, the acts or omissions, are imputable to the surgeon.

Question 11

Elements of Doctrine of Apparent Authority

Answer 11

1. The hospital, or its agent, acted in a manner that would lead a reasonable person to conclude that the individual who was alleged to be negligent was an employee or agent of the hospital;
2. where the acts of the agent create the appearance of authority, the plaintiff must also prove that the hospital had knowledge of and acquiesced in them; and
3. the plaintiff acted in reliance upon the conduct of the hospital or its agent, consistent with ordinary care and prudence.

Question 12

Fortuitous event Articles

Answer 12

Art. 1174. Except in cases expressly specified by the law, or when it is otherwise declared by stipulation, or when the nature of the obligation requires the assumption of risk, no person shall be responsible for those events which could not be foreseen, or which, though foreseen, were inevitable.

Art. 1165(3). If the obligor delays, or has promised to deliver the same thing to two or more persons who do not have the same interest, he shall be responsible for any fortuitous event until he has effected the delivery

Question 13

Elements of fortuitous event to be available defense

Answer 13

1. The cause of the breach of the obligation must be independent of the will of the debtor;
2. The event must either be unforeseeable or unavoidable;
3. The event must be such as to render it impossible for the debtor to fulfill his obligation in a normal manner;
4. The debtor must be free from any participation in or aggravation of the injury.

Question 14

Debtor is liable for fortuitous event when

Answer 14

1. When expressly declared by law;
2. When expressly declared by stipulation or contract;
3. When the nature of obligation requires the assumption of risk

Question 15

TRANSMISSIBILITY OF RIGHTS AND OBLIGATIONS

Answer 15

Art. 1178. Subject to the laws, all rights acquired in virtue of an obligation are transmissible, if there has been no stipulation to the contrary.

Question 16

Exception to the general rule that rights are transmissible

Answer 16

1. if the law provides otherwise;
2. if the contract provides otherwise;
3. if the obligation is purely personal.

Question 17

Common carrier kind of diligence to be observed

Answer 17

1736. The extraordinary responsibility of the common carrier lasts from the time the goods are unconditionally placed in the possession of, and received by the carrier for transportation until the same are delivered, actually or constructively, by the carrier to the consignee, or to the person who has a right to receive them, without prejudice to the provisions of article 1738.
      Article 1738. The extraordinary liability of the common carrier continues to be operative even during the time the goods are stored in a warehouse of the carrier at the place of destination, until the consignee has been advised of the arrival of the goods and has had reasonable opportunity thereafter to remove them or otherwise dispose of them.