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Flashcards in MESH POOL Deck (162)
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1

Patient was aware that physician was drunk yet he allowed the doctor to inject him

Res ipsa loquitor

2

Dr. Cantoy operated on a patient and inadvertently left behind a clamp. Which malpractice doctrine is applicable in this case?

Res ipsa loquitor

3

Patient Mr. Simporios promised to pay Dr. Sacris one million pesos if he is cured of his cancer. The professional fee to be collected by Dr. Sacris refers to

Contingent fee

4

HIV patient takes experimental drugs despite unknown side effects

Assumption of risk

5

There is direct physical connection between the wrongful act of the physician and the injury suffered by the patient

Doctrine of proximate cause

6

Under the doctrine the hospital owner may be liable for the mistakes of the residents

Vicarious liability

7

Originally there were railings on the bed of the patient. Mr A, the father removed the railings so that he himself can sleep on the bed. His child fell with a broken skull. What is the doctrine applicable

Common knowledge

8

Patient leaves the hospital against advice

Contributory negligence

9

Principle applied when the medical fee is not specified

Asumpsit on quanthum merit

10

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

Vicarious liability

11

In cases wherein the employees are at the same time independent contractors of the hospital, the hospital must be held liable for their negligent acts (pathologist, radiologist, anesthesiologist)

Doctrine of ostensible agent

12

Ordinarily, resident physicians, nurses and other personnel of the hospital are employees or servants of the hospital

Borrowed servant

13

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

CAPTAIN-OF-THE-SHIP DOCTRINE

14

“The thing speaks for itself”

RES IPSA LOQUITOR

15

Nature of the wrongful act or injury is suggestive of negligence

RES IPSA LOQUITOR

16

Injury to a healthy part of the body

RES IPSA LOQUITOR

17

Removal of a wrong part of the body when another part wad intended

RES IPSA LOQUITOR

18

Infection resulting from unsterilized instruments

RES IPSA LOQUITOR

19

Failure to take radiographs to diagnose a possible fracture

RES IPSA LOQUITOR ??? Negligence

20

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

CONTRIBUTORY NEGLIGENCE

21

Doctrine of CONTRIBUTORY NEGLIGENCE is aka

Doctrine of Common Fault

22

The patient just follows the instructions and orders of the physician and is usually inactive and virtually places himself in the command and control of the physician

Doctrine of Superior Knowledge

23

After a prolonged treatment of a patient which normally produces alleviation of the condition, fails to investigate non-response; in the exercise of care and diligence he could have discovered the cause of non-response

DOCTRINE OF CONTINUING NEGLIGENCE

24

Anyone who voluntarily assumes the risk of injury from a known danger, if injured, is barred from recovery

DOCTRINE OF ASSUMPTION OF RISK

25

Implies thought, appreciation, mental direction and lapse of sufficient time to effectually act upon impulse to save the life or prevent injury to another

DOCTRINE OF LAST CLEAR CHANCE

26

A physician cannot be held accountable for negligence if the injury sustained by the patient is on account of unforeseen conditions

Doctrine of foreseeability

27

A pathologist, connected and associated with a hospital on salary contract, reported after tissue biopsy that a patient had cancer when in fact he did not. The patient underwent hysterectomy as a result of the misdiagnosis. The hospital was held liable by the court under the doctrine of

Ostensible agent

28

A 45 year old female had breast surgery for CA of the breast with metastasis. She consented in writing to undergo trial of a new chemotherapeutic modality. The patient continued to deteriorate and sued the physician. The physician was absolved under the doctrine of

Assumption of risk

29

According to RA 4226, which of the following is a place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment, and care of individuals suffering from illness or disease

Hospital (RA 4226 is aka Hopsital Act

30

While incising an abscess on a patient's face, the physician accidentally cut an ear. He can be held liable under the doctrine of

RES IPSA LOQUITOR