Medical Malpractice

Question 1

Failure of a physician to
properly perform the duty which devolves upon him in his professional relation to
his patient which results to injury

Answer 1

Medical malpractice

Question 2

Bad or unskillful practice of medicine resulting to injury of the patient or failure on the part of the physician

Answer 2

Medical malpractice

Question 3

2 Elements of Medical malpractice

Answer 3

1. Failed to perform his duty

2. Injury was sustained

Question 4

that cause, which, in natural continuous sequence, unbroken by an
efficient intervening cause,

Answer 4

PROXIMATE CAUSE

Question 5

Elements of proximate cause

Answer 5

1. Direct connection between the injury and the fault of the physician
2. The cause or the wrongful act of the physician must be efficient
3. The result must be the natural continuous and probable consequence.

Question 6

In the causal connection (between the negligence of the physician and the injury sustained by the patient), there may be an ______ which is the proximate cause of the injury.

Answer 6

Doctrine of Efficient Intervening Cause

Question 7

means the responsibility of a person, (who is not negligent) , for the wrongful conduct or negligence of another

Answer 7

Doctrine of Imputed Negligence

Question 8

3 Under Doctrine of Vicarious Liability

Answer 8

1. Ostensible Agent Doctrine
2. Borrowed Servant Doctrine
3. Captain of the Ship Doctrine

Question 9

Under Doctrine Res Ipsa Loquitor

Answer 9

1. Doctrine of Common Knowledge

Question 10

means the responsibility of a person, who is not negligent, for the wrongful conduct or negligence of another

Answer 10

Vicarious liability

Question 11

3 people involve in the doctrine of vicarious liability

Answer 11

1. Injured patient
2. Person who injured the patient
3. Person who may be held financially liable to the patient

Question 12

Article stating the Obligation is demandable not only for one’s own acts or omission but also for those persons whom one is responsible

Answer 12

Art. 2180, Civil Code of the Philippines

Question 13

Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned task, even though the former are not engaged in any
business or industry…

Answer 13

Art. 2180, Civil Code of the Philippines

Question 14

Exceptions to the Article 2180 code (Employer shall be held liable for the damage caused by employees)

Answer 14

when the employer proves that he/she

observes all the diligence of a good father of a family to prevent injury.

Question 15

In cases wherein the employees are at the same time independent contractors of the hospital

Answer 15

DOCTRINE OF OSTENSIBLE AGENT

Question 16

Who can be held liable for their negligent acts under the doctrine of ostensible agent?

Answer 16

1. Pathologist
2. Radiologist
3. Anesthesiologist

Question 17

Ordinarily, resident physicians, nurses and

other personnel of the hospital are employees or servants of the hospital

Answer 17

BORROWED SERVANT DOCTRINE

Question 18

Under the II. BORROWED SERVANT DOCTRINE nurses, resident and physician are deemed ____

Answer 18

borrowed from the hospital

Question 19

Who is held liable under the borrowed servant doctrine?

Answer 19

Employer

Question 20

The doctrine enunciates liability of the surgeon not only
for the wrongful acts of those who are under his physical control but also those wherein
he has extension of control.

Answer 20

CAPTAIN OF THE SHIP DOCTRINE

Question 21

REASONS FOR APPLICATION OF THE DOCTRINE

OF VICARIOUS LIABILITY

Answer 21

1. Employer has deep pockets
2. Employer has power to select his employee
3. Employer to bear the risk of loss
4. ## Employer has to treat operating expenseBasically employer is rich and has total control hence he is liable

Question 22

(“The thing speaks for itself ”) the nature of the wrongful act or injury is suggestive of negligence

Answer 22

DOCTRINE OF RES IPSA LOQUITOR

Question 23

Res Ipsa Loquitor (exception):

Answer 23

not needing an expert evidence because the proof of injury due to negligence is obvious

Question 24

(expert testimony is necessary to prove that a physician has done a negligent act) or that has deviated from the
standard of medical practice

Answer 24

DOCTRINE OF RES IPSA LOQUITOR

Question 25

3 Requisite of RES IPSA LOQUITOR

Answer 25

1. The Accident must be something that cannot happen without negligence 2. It must be caused by something exclusively in the control of the defendant 3. It must not be of voluntary action _______________________________ Basically if something that the accident is within the control of the doctor but he fucked it up and doesnt mean to do it

Question 26

Example of Res Ipsa Loquitor

Answer 26

Objects left in the patient’s body at the | time during operation

Question 27

When does Res Ipsa Loquitor not apply

Answer 27

1. Treatment does involve hazard 2. Bad result rule 3. Honest error of judgement 4. Diagnostic mistake _________________________ Basically when it is an honest mistake or not within the control of the practitioner or part of the procedure

Question 28

It has been defined as conduct on the part of the plaintiff or injured party, (contributing as a legal cause) to the harm he has suffered

Answer 28

DOCTRINE OF CONTRIBUTORY NEGLIGENCE

Question 29

It is the act or omission amounting to want of care on the part of the complaining party which, concurring with the defendant’s negligence, is the proximate cause of the injury.

Answer 29

DOCTRINE OF CONTRIBUTORY NEGLIGENCE

Question 30

Act stating that “When the plaintiff’s own negligence was the immediate and proximate cause of his injury, he cannot recover damages. But if his negligence was only contributory , the immediate and proximate cause of injury being the defendant’s lack of due care, the plaintiff may recover damages , but the court may mitigate the damages to be awarded.”

Answer 30

Art. 2179, Civil Code

Question 31

In quasi delicts, the (contributory negligence of the plaintiff shall reduce the damages that he may recover)

Answer 31

Art 2214, Civil Code

Question 32

4 Instance of contributory negligence

Answer 32

1. Failure to give accurate history 2. Failure to follow through treatment 3. Failure to not leave the hospital as advised 4. Failure to seek further medical assistance __________________________________ Basically if the doctor doesn't ask for the history nor follow up. And when asked to leave because of it, he refuses and doesn't seek help on his negligence

Question 33

is available only when the patient’s conduct is a truly flagrant disregard of his health and cannot apply where the patient is mentally ill, semiconscious, heavily sedated or of advanced age.

Answer 33

defense of contributory negligence

Question 34

When can a physician be held liable under the doctrine of continuing negligence

Answer 34

If a patient does not heal after a treatment that normally produce alleviation

Question 35

(Predicated upon knowledge) and informed consent, anyone who voluntarily assumes the risk of injury from a known danger, if injured, is barred from recovery.

Answer 35

DOCTRINE OF ASSUMPTION OF RISK

Question 36

which means that a person who assents and was injured is not regarded in law to be injured

Answer 36

violenti non fit injuria

Question 37

A physician who has the (last clear chance) of avoiding damage or injury but negligently fails to do is liable.

Answer 37

DOCTRINE OF LAST CLEAR CHANCE

Question 38

A physician cannot be held accountable for negligence if the injury sustained by the patient is on (account of unforeseen conditions) but if a physician fails to ascertain the condition of the

Answer 38

DOCTRINE OF | FORSEEABILITY

Question 39

This doctrine provides that if a (servant employee) was injured on account of the negligence of his (fellow servant employee), the employer cannot be held liable

Answer 39

FELLOW SERVANT DOCTRINE

Question 40

Liabilities under the fellow servant doctrine is covered by what law?

Answer 40

workmen’s compensation law.

Question 41

If a physician who went to (rescue a victim) of an accident was himself injured , the original wrong doer must be held liable for such injury.

Answer 41

RESCUE DOCTRINE

Question 42

When the negligent act cause of the injury suffered by the patient (is attributed to the wrongful act of a person)

Answer 42

Sole Responsibility

Question 43

When the injury suffered by the patient is caused by the (negligent act of two or more persons), each of them acting concurrently and successively in the production of injury.

Answer 43

Shared | Responsibility

Question 44

liability for negligent misdiagnosis

Answer 44

Failure

Question 45

Failure is where it must be in relation to the signs and symptoms of the illness presented by the patient

Answer 45

FAILURE TO TAKE THE MEDICAL HISTORY

Question 46

Exempted in failure to take the medical history

Answer 46

Inadequate history is due to the failure of the patient or members of the family to give full information regarding the history _____________________________________ Basically the patient or Family forgot to give full version of history

Question 47

Failure to make a thorough, proper and complete (physical examination) of the patient would make physician liable

Answer 47

FAILURE TO MAKE A CAREFUL AND ADEQUATE | EXAMINATION OF PATIENT

Question 48

the condition of the patient is beyond the ability, knowledge and capacity of the AP to treat

Answer 48

Referral to a specialist:

Question 49

to avoid misapplication of a (different or in some cases the same) treatment procedure

Answer 49

FAILURE TO CONSULT PREVIOUS PHYSICIANS | FOR PREVIOUS MANAGEMENT

Question 50

applicable to patients requiring specialized instruments and procedures not available in the previous hospital or may require the assistance of adequately trained personnel in the management

Answer 50

Referral

Question 51

A physician may be held negligent for such failure in appropriate diagnostic test if it can be shown that:

Answer 51

1. It is a standard practice 2. The physician failed to utilize test hence failing to diagnose or treat the illness 3. The patient suffered injury or was deprived of a substantial chance for a cure ____________________________ Basically if it is a standard test that the doctor didn't do it right, surprisingly, hence robbing the patient of getting cured

Question 52

does not always imply negligence (a matter of medical judgment)

Answer 52

FAILURE TO DIAGNOSE INFECTIONS

Question 53

When is a physician held liable to failure of diagnosing infections

Answer 53

if failure is on account of the inability to make an examination of the patient without any justifiable reason _____________________________________ Did not do the examination without any reason

Question 54

Indiscriminate administration of (addictive drugs) by physician

Answer 54

TREATMENTS RESULTING TO ADDICTION

Question 55

Exception to treatment resulting to addiction

Answer 55

1. Use in short term basis | 2. Drug is approved and a standard

Question 56

(Termination of the physician patient relationship) without the consent of the patient and without giving the patient adequate notice and opportunity to find another physician

Answer 56

ABANDONMENT OF PATIENTS

Question 57

5 How abandonment of patient applies

Answer 57

1. If there was an existing relationship 2. Terminated without consent 3. unilateral termination 4. terminated despite patient needing continued medical treatment 5. Death or injury via abandonment ________________________________ Basically if there was an existing, an agreement on both sides, douchbaggery or dead

Question 58

____ payment of a Bill cannot be a defense or ground for abandonment

Answer 58

Non payment of a Bill

Question 59

In the physician patient contractual relationship, once it has been perfected, financial consideration is ___.

Answer 59

Irrelevant

Question 60

``` when the (instructions given are insufficient), inadequate and incomprehensible  injury to the patient  physician held liable ```

Answer 60

FAILURE TO GIVE PROPER INSTRUCTIONS

Question 61

5 Errors in blood transfusion (G2k)

Answer 61

1. wrong blood 2. wrong patient 3. Wrong needling 4. Negligence 5. Infection

Question 62

5 Five basic rights of drugs

Answer 62

1. Right drug 2. Right patient 3. Right dose 4. Right time 5. Right route

Question 63

Negligence in the administration of a drug which causes injury to the patient

Answer 63

LIABILITIES IN ADMINISTRATION OF DRUGS

Question 64

9 Drug injury can be attributed to

Answer 64

1. Reaction 2. Overdose 3. Side effect 4. Wrong route 5. Wrong meds 6. Wrong person 7. Infection 8. Nerve injury 9. Administering failure __________________________ Basically the unforeseen reactions, the wrong guy an infection/disease or just pure negligence

Question 65

A person injured by a defective product can recover | compensation from his injury from (anyone in the distributive chain) who sold the product while the defect was present,

Answer 65

DOCTRINE OF STRICT LIABILITY

Question 66

2 Modern procedures used for the identification of newborns in the hospital:

Answer 66

1. Bracelets | 2. Footprints or thumbprints

Question 67

A physician who wants to avoid the ordeal of being involved in a malpractice suit, or has had the traumatic experience of being involved in a litigation, may pursue both of any of the following:

Answer 67

1. Partial or complete abandonment of medical practice | 2. Practice of defensive medicine

Question 68

Types of defensive medicine

Answer 68

1. Negative | 2. Positive

Question 69

the physician avoids performance of hazardous procedures, even though the procedures are deemed essential to the welfare of the patient

Answer 69

Negative defensive medicine

Question 70

the physician orders or performs additional management procedure to avoid liability

Answer 70

Positive defensive medicine

Question 71

a contract under which the insurer agrees, in exchange for the payment of premiums, to indemnify the physician named in the insurance policy against loss by reason of liabilities imposed upon him by law as a consequence of his claimed professional liability

Answer 71

Medical Malpractice Liability Insurance

Question 72

The patient realized that his physician was grossly intoxicated at the time he was going to give the patient an injection. The patient allowed the physician to proceed in spite of the physician's condition. The patient was injured. this is an example of what negligence?

Answer 72

Antecedent

Question 73

For example, while the esophagus was applied, the patient made a violent move without warning which resulted to the puncture of the esophagus and which led consequently to the death of the patient. This is an example of what negligent

Answer 73

Contemporaneous

Question 74

For example, the patient sustained a wound in which the physician sutures gave a prescription for tetanus antitoxin. He instructed the patient to go immediately to the drug store, have the prescription filled and bring back to the office for injection. The patient took the prescription and went home instead of going to the drug store. The patient developed tetanus and died. this is an example of what Negligence?

Answer 74

Subsequent

Question 75

3 Types of patient negligence

Answer 75

1. Antecedent 2, Contemporaneous 3. Subsequent