Jurisprudence and Podiatric Malpractice Flashcards
(32 cards)
The legal definition of malpractice is:
(a) occurrence of a complication.
(b) failure to obtain the desired result.
(c) an error in judgment
(d) none of these
(d) none of these
The required elements of proof in medical malpractice case
(1) deviation or departure from accepted practice
(2) evidence that such departure was a proximate cause of injury or damage.
Malpractice is
negligence
Negligence is the failure to use:
(1) reasonable care under the circumstances.
(2) Doing something that prudent doctor would do under the circumstances.
(3) Avoiding something a reasonably prudent doctor would do under the circumstances.
(1) Negligence is the failure to use reasonable care under the circumstances.
A doctor who renders medical services to a patient is obligated to have:
(1) A reasonable degree of knowledge in their field.
(2) a reasonable degree of knowledge outside their field.
(3) Comply with more than the minimum (statewide, national) standards of care.
(1) A reasonable degree of knowledge in their field.
According to the law of malpractice:
(1) All doctors have the same ability and require extraordinary knowledge.
(2) To keep reasonably informed of new developments in their field.
(3) Any additional knowedge gained by the doctor does not have to be used with patients.
(2) According to the law of malpractice, doctors need to keep reasonably informed of new developments in their field.
By undertaking to perform a medical service, a doctor doe snot guarantee a good result.
True
A doctor is considered liable for a medical service is:
(1) A doctor completing a medical service.
(2) A bad result to the patient
(3) the doctor was negligent
(3) The doctor was negligent.
A doctor is not liable for an error in judgement if ___.
they do what they decide is best after careful evaluation if it is a judgement that a reasonably prudent docto could have made under the circumstances.
T/F: A doctor’s responsibility is the same regardless of whether he or she was paid.
True.
A doctor is considered negligent if:
(1) They lack the skill or knowledge in providing a medical service.
(2) Fails to use reasonable care in providing a service.
(3) Fails to exercise his or her best judgement, causing harm to a patient.
(4) all of these
(4) All of these
If the doctor has reason to doubt that he or she has sufficient competence to handle a case:
The doctor may be liable for failure to advise the patient to consult a more skillful doctor.
According to causation:
(1) It is an act or omission that is regarded as a cause of an injury, even if it was not a substantial factor in bringing about the injury.
(2) There is one cause of injury.
(3) Lapse of time prevents an act from being the legal cause of harm.
(4) Deprivation of a substantial chance for a cure can constitute a substantial factor contributing to a plantiff’s injuries.
(4) According to causation, deprivation of a substantial chance for a cure can constitute a substantial factor contributing to a plaintiff’s injuries.
Common defenses to medical malpractice claims:
(1) Defendant did not depart from the standard of care.
(2) It would not have made a difference.
(3) Not defendant’s responsibility
(4) Patient negligence.
A plaintiff’s fault may proportionally diminish the recovery, but will not preclude recovery unless plaintiff was solely at fault.
True
A plaintiff does not need an expert witness to prove a podiatric malpractice case:
(1) to intimidate the defendant
(2) because the defendant will testify
(3) expert medical testimony is necessary.
(3) Plaintiffs do not need an expert witness (expert medical testimony is not necessary).
T/F: In cases involving a matter of science or medicine, it is not required that the plaintiff introduce expert testimony.
False.
An expert witness in a medical malpractice MUST:
(1) possess the requisite skill, training, knowledge or experience.
(2) Does not have to be a specialist in the relevant field to testify as an expert in a malpractice case against a specialist.
An expert witness in a medical malpractice MUST (1) possess the requisite skill, training, knowledge or experience.
T/F: McGlamry’s comprehensive textbook of foot and ankle surgery is always recognized as the standard of care.
False.
Which of the following is a defense to a claim of lack of informed consent?
(1) The patient could not give informed consent because of a language barrier between the patient and podiatrist.
(2) The patient had a lot of pain and wanted to have surgery.
(3) The treatment was indicated according to the judgment of the podiatrist.
(4) The risks of treatment were so obvious.
(1) The patient could not give informed consent because of a language barrier between the patient and podiatrist.
T/F: A signed consent form relieves a doctor of their responsibility to provide the patient with appropriate information.
False.
An informed consent should include:
(1) The patient’s existing physical condition.
(2) the purposes and advantages of the operation, procedure or medication.
(3) The reasonably foreseeable risks for the patient’s health or life
(4) The risks involved if there is no operation, procedure or use of medication.
(5) The available alternatives and the risks and advantages of those alternatives.
All of these.
When a patient is treated in a hospital by a private physician, the duty to obtain the patients informed consent lies with:
(1) the private physician
(2) the hospital
When a patient is treated in a hospital by a private physician, the duty to obtain the patient’s informed consent lies with (1) the private physician.
A doctor is entitle to rely upon information previously furnished to the patient by another physician in determining whether the patient received sufficient information to make an informed decision. When doing this,
The doctor will be held liable for any deficiency in the information provided to the patient by those to whom this duty has been delegated.
