Law And Podiatry 2

Question 1

Define “duty in medical malpractice”

Answer 1

Refers to doctor-patient relationship

Question 2

What is the significance of duty in medical malpractice

Answer 2

Establishes the legal obligation of a physician to a patinet

Question 3

What are criteria for punitive damages

Answer 3

Outrages and wanton conduct
Willful, wanton conduct or reckless indifference to the rights of others

Question 4

What are exclusions of punitive damages

Answer 4

Criminal acts, fraud, altering medical records

Question 5

What is the aim and focus areas of Statutory Punitive Damages (MCARE Act 2002)

Answer 5

Aims for tort reform in medical malpractice cases
Focus areas: patient safety, insurance reform changes to substantive rules

Question 6

What are the conditions for holding hospital r employer liable for punitive damages

Answer 6

Employer knew of and allowed the conduct leading to punitive damages

Question 7

What is the cap and allocation on punitive damages

Answer 7

• limited to 200% of compensatory damages
• allocation - 75% to prevailing party, 25% to MCARE fund

Question 8

Significant in independent contractor vs employee lawsuits

Answer 8

Hospitals not liable for independent contractor’s negligent acts or omissions

Question 9

What is ostensible agency

Answer 9

• plaintiffs may hold hospitals accountable under the theory of ostensible agency
• appearance of the doctor as an employee, creating liability for the hospital

Question 10

What are the Post-MCARE Act liability conditions

Answer 10

• hospital liable is reasonable personal would believe care is from hostpila employees
• care adversities or represented as rendered by hospital’s agents
• mere evidence of physician’s staff privileges is legally insufficient for vicarious liability

Question 11

Typical causes of actions for law suits against doctors

Answer 11

1. Professional medical negligence
   - negligence with a doctor-patient relationship
2. Lack of informed consent
3. Negligent infliction of emotional distress (NEID)
4. Fraud
   - misrepresentation leading to injur
5. Corporate negligence
   - hospital’s responsibility for actions of health professionals and its own failures

Question 12

What is the comparative negligence rule

Answer 12

Plaintiff can recover if found 51% or less at fault

Question 13

What are some remedies for an unfavorable lawsuit verdict

Answer 13

-JNOV ( Judgement Notwithstanding the Verdict)
- new trial for inadequate or injust verdicts

Question 14

What does Title VII of he Civil Rights Act say

Answer 14

Unlawful for employers to discriminate based on sec, including sexual harassment

Question 15

What is the liability criteria for sexual harrassment

Answer 15

Vicarious liability for harassment by one with authority, with certain defenses for employers