Jurisprudence and Podiatric Malpractice

Question 1

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

Answer 1

(d) none of these

Question 2

The required elements of proof in medical malpractice case

Answer 2

(1) deviation or departure from accepted practice

(2) evidence that such departure was a proximate cause of injury or damage.

Question 3

Malpractice is

Answer 3

negligence

Question 4

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.

Answer 4

(1) Negligence is the failure to use reasonable care under the circumstances.

Question 5

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.

Answer 5

(1) A reasonable degree of knowledge in their field.

Question 6

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.

Answer 6

(2) According to the law of malpractice, doctors need to keep reasonably informed of new developments in their field.

Question 7

By undertaking to perform a medical service, a doctor doe snot guarantee a good result.

Answer 7

True

Question 8

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

Answer 8

(3) The doctor was negligent.

Question 9

A doctor is not liable for an error in judgement if ___.

Answer 9

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.

Question 10

T/F: A doctor’s responsibility is the same regardless of whether he or she was paid.

Answer 10

True.

Question 11

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

Answer 11

(4) All of these

Question 12

If the doctor has reason to doubt that he or she has sufficient competence to handle a case:

Answer 12

The doctor may be liable for failure to advise the patient to consult a more skillful doctor.

Question 13

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.

Answer 13

(4) According to causation, deprivation of a substantial chance for a cure can constitute a substantial factor contributing to a plaintiff’s injuries.

Question 14

Common defenses to medical malpractice claims:

Answer 14

(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.

Question 15

A plaintiff’s fault may proportionally diminish the recovery, but will not preclude recovery unless plaintiff was solely at fault.

Answer 15

True

Question 16

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.

Answer 16

(3) Plaintiffs do not need an expert witness (expert medical testimony is not necessary).

Question 17

T/F: In cases involving a matter of science or medicine, it is not required that the plaintiff introduce expert testimony.

Answer 17

False.

Question 18

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.

Answer 18

An expert witness in a medical malpractice MUST (1) possess the requisite skill, training, knowledge or experience.

Question 19

T/F: McGlamry’s comprehensive textbook of foot and ankle surgery is always recognized as the standard of care.

Answer 19

False.

Question 20

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.

Answer 20

(1) The patient could not give informed consent because of a language barrier between the patient and podiatrist.

Question 21

T/F: A signed consent form relieves a doctor of their responsibility to provide the patient with appropriate information.

Answer 21

False.

Question 22

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.

Answer 22

All of these.

Question 23

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

Answer 23

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.

Question 24

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,

Answer 24

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.

Question 25

Disclosure of informed consent is not required if:

(1) The risk not disclosed is uncommon.
(2) The patient assured the doctor that he or she would undergo the treatment or procedure regardless of the risk involved.
(c) He or she wanted to be informed of the matters tow hich the patient would be entitled to be informed.
(d) Consent by or on behalf of the patient was possible.

Answer 25

(2) The patient assured the doctor that he or she would undergo the treatment or procedure regardless of the risk involved.

Question 26

Battery can occur if:

(1) you operate without consent.
(2) Perform surgery within the scope of consent.

Answer 26

Battery is (1) operating without consent.

Question 27

The National Practitioner’s Data Bank is:

(1) Information related to the professional competence and conduct of physicians.
(2) Does not contain information about doctors or other health care practitioners who have had medical malpractice suits filed.
(3) No information on malpractice payment and adverse licensure.

Answer 27

(1) Information related to the professional competence and conduct of physicians.

Question 28

When examining a lack of informed consent:

(1) It is irrelevant if appropriate information was provided.
(2) Would a reasonably prudent person consent have given consent if there was appropriate information.
(3) It is irrelevant if the procedure was a substantial factor in causing the injury to the plaintiff.

Answer 28

(2) Would a reasonably prudent person in plaintiff’s position at the time of consent was given such consent if given appropriate information?

Question 29

If a podiatrist is negligent, the type of damages the patient is entitled to recover is:

(1) Income lost while the patient was recovering from negligent treatment.
(2) The cost of medical care the patient needs in the future.
(3) They are not entitled to reasonable value of their pain and suffering.
(4) They are entitled to the reasonable value of the pain caused by an pre-existing medical problem.

Answer 29

(3) The patient is not entitled to recover the reasonable value of their pain and suffering.

Question 30

A plaintiff can recover:

(1) Income lost while the patient was recovering from negligent treatment.
(2) The cost of medical care the patient needs in the future.
(3) Past and future pain, suffering, loss of earning and medical expenses.

Answer 30

(3) A plaintiff can recover past and future medical expenses including hospital charges, nursing and custodial care, therapy, rehabilitation services and diagnostic tests.

Question 31

A person is considered a patient if:

(1) A doctor advises a prospective course of treatment.
(2) A doctor advises a prospective course of treatment, but the patient is unlikely to rely on the advice.
(3) A doctor does not advise a prospective patient as to a course of treatment.

Answer 31

(1) A doctor advises a prospective course of treatment AND it is foreseeable that the patient will rely on the advice.

Question 32

T/F: Doctors may be sued due to a breakdown in communication between the patient and the doctor.

Answer 32

True