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Question 1

What protects governmental agents and employees from personal liability for harm resulting from their in-scope negligence within the United States?

Answer 1

Federal Tort Claims Act

Question 2

What gives foreign inhabitants the ability to get reimbursment for damage to, or loss of property that resulted from the negligence of agents and employees of the United States?

Answer 2

Foreign Claims Act

Question 3

What type of law does the judicial branch make?

Answer 3

Common law

Question 4

Punitive damages are associated with what type of negligence?

Answer 4

Intentional negligence

Question 5

What needs to be covered in the discussion when acquiring a patients consent or refusal?

Answer 5

Procedure

Risks

Benefits

Alternatives

Question 6

Public policy reasons a minor can provide consent?

Answer 6

Birth control

Mental health

substance abuse

Question 7

Medical example used for Strict liability tort is?

Answer 7

Products liability

Question 8

Decision making capacity takes into consideration what 4 things?

Answer 8

Legal age

Ability to take in information

Ability to process information

Ability to communicate information

Question 9

The American Theory of Damages is what?

Answer 9

The amount of money to make the injured party whole

Question 10

How would you prove that you were practicing within the standard of care?

Answer 10

Expert medical testimony

Question 11

System of rules that defines socially acceptable behavior, and sets punishments for violations

Answer 11

Law

Question 12

Non-contractual wrong against a person or corporation, or a persons property for which a court may reward damages is?

Answer 12

Tort

Question 13

4 Qualities of Negligent Torts are?

Answer 13

Duty

Negligent breach of duty

Injury

Causation

Question 14

In corporate negligence cases what term is used that makes the employer liable, and means “Let the master answer”?

Answer 14

Respondeat Superior

Question 15

The 3 types of torts are?

Answer 15

Strict Liability

Intentional

Negligent

Question 16

In what situation would a plaintiff who is found to be less than 50% negligent be awarded an amount of money minus their percentage in negligence?

Answer 16

Modified Comparative Negligence

Question 17

Damages that are easily quantifiable are?

Answer 17

Special

Question 18

Informed Consent or Refusal refers to what?

Answer 18

Patient autonomy and informed decision making

Question 19

When a person can handle your affairs while you are away, but if you become encapacitated they are unable to make medical decisions for you. What type of directive did they have?

Answer 19

General Powers of Attorney

Question 20

The defense that a person cannot bring suit for the same offense on different occasions is?

Answer 20

Res judicata

Question 21

Damages that are used as a punishment are?

Answer 21

Punitive

Question 22

The best defense to a defamation suit is?

Answer 22

Truth

Question 23

Punitive damages cannot be awarded against who?

Answer 23

The United States

Question 24

Who says a patient has the capacity to make decisions?

Answer 24

Doctors

Question 25

Elements of informed decision making are?

Answer 25

Decision making ability Information Voluntariness Actual Consent/Request or Declination/Refusal

Question 26

Idea that issues not defined in the constitution are controlled by the state is?

Answer 26

Federalism

Question 27

In what states has the federal supreme court allowed patients the right to die?

Answer 27

None

Question 28

What type of laws does the executive branch make?

Answer 28

Regulations and Executive orders

Question 29

Do not Resuscitate order is an example of what?

Answer 29

Advance Medical directive

Question 30

Who says a patient has the competence to make decisions?

Answer 30

Judge

Question 31

Washington, Oregon, Montana, Vermont, New Mexico, and California are all states that have created state laws that give patients what?

Answer 31

A right to die (death with dignity acts)

Question 32

What prevents a soldier from suing the United States for things that happen to them during their service?

Answer 32

Feres Doctrine

Question 33

How would a provider be liable for abandonment?

Answer 33

Ending a relationship with a Pt: -at an unreasonable time (in the middle of surgery) or -without giving the Pt the chance to find a qualified replacement

Question 34

The Peabody hotel in Memphis, TN gets sued for one of their famous marching ducks biting a child. What type of tort would this be?

Answer 34

Strict Liability

Question 35

In what situation could a plaintiff be 55% negligent and get paid?

Answer 35

Comparative Negligence

Question 36

Military court system order is?

Answer 36

1. Courts of original jurisdiction 2. Intermediate court of appeals 3. United states court of appeals for the Armed services 4. Supreme court

Question 37

What type of law does the legislative branch make?

Answer 37

Statutes

Question 38

How is the information covered in a consent/refusal conversation evaluated?

Answer 38

What a reasonable patient would want to know What a reasonable Doctor would provide

Question 39

Type of case that involves a civil wrong is?

Answer 39

Tort

Question 40

The 3 sources of law are?

Answer 40

Statutes Common Law Administrative Law

Question 41

What protects governmental agents and employees from personal liability for harm resulting from their in-scope negligence outside the United States?

Answer 41

Military Claims act

Question 42

When a piece of paper decides what happens to you when you are unable to make medical decisions what type of directive did you have?

Answer 42

Living will

Question 43

When a patient comes back two years after a procedure, and says they didn't consent. How would you prove that they did?

Answer 43

Written consent

Question 44

In what situation would any negligence on the plaintiffs part result in $0.00?

Answer 44

Contributory Negligence

Question 45

When a person is designated to make decisions for a patient they have what?

Answer 45

General powers of attorney

Question 46

What factors should be given to patients regarding the risks of a procedure?

Answer 46

Frequency and Severity

Question 47

What term means "the thing speaks for itself"?

Answer 47

Res Ipsa Loquitur

Question 48

Compensation falls into what two main categories?

Answer 48

General and Special

Question 49

What type of court must Federal tort claims be filed in?

Answer 49

Federal Court

Question 50

6 Qualities of a Contract are?

Answer 50

Competant parties Legal subject matter Offer Acceptance Consideration Mutual agreement

Question 51

The surrogate decision maker needs to not only consider what is in the patients best interest, but also more importantly what?

Answer 51

What the patient would want (substituted judgement)

Question 52

If a person breaks a contract with you what could you seek as a remedy?

Answer 52

Specific performance (The job the contract was for) Damages (Money)

Question 53

Branch of the government that makes regulations is?

Answer 53

Executive branch

Question 54

Damages that aren't easily quantifiable are?

Answer 54

General

Question 55

4 examples given for Res Ipsa Loquitur are?

Answer 55

Wrong limb or body part Wrong patient Explosion or fire Foreign body left in patient

Question 56

Statute of limitations defense means?

Answer 56

Plaintiff took too long to bring the case

Question 57

If you enter into a contract with a 13yo kid to mow your lawn, and then he does a bad job. What defense could the 13yo use in court?

Answer 57

Elemental | (mow your own lawn asshole)

Question 58

What type of tort is defined as unleashing a dangerous instrumentality?

Answer 58

Strict Liability