Week 7: Negligence, Criminal Law, Coronial Jurisdiction Flashcards
(198 cards)
1
Q
Define:
Blyth v. Birmingham Waterworks Company
A
A landmark 1856 case that defined the concept of negligence. It involved Birmingham Waterworks and Mr. Blyth, where the court ruled that negligence could only be established if the company failed to act reasonably under unforeseen circumstances (such as a severe frost).
2
Q
What is…
A legal concept that assesses whether the harm suffered was a foreseeable result of the negligent act. If the harm was too remote or unexpected, the claim may fail.
A
Remoteness of Damage
3
Q
Define:
Mens Rea
A
The mental intention or knowledge of wrongdoing that constitutes part of a crime.
4
Q
What is…
Laws formally enacted by parliaments or governing bodies.
A
Legislation
5
Q
What is…
An institute that provides expert forensic medical services, including conducting autopsies for the Coroner’s Court.
A
Victorian Institute of Forensic Medicine
6
Q
Define:
Infanticide
A
The act of a mother causing the death of her child under specific conditions, such as post-birth mental disorders, treated differently from murder.
7
Q
What is…
A principle from medical law stating that a professional is not considered negligent if their actions align with accepted practices among peers, unless those practices are proven inadequate.
A
Bolam Principle
8
Q
What is…
A piece of legislation in Victoria that governs actions for negligence. Amended in 2003, it includes provisions on contributory negligence, mental harm, and liability, among others.
A
Wrongs Act 1958
9
Q
What is…
A retired judge who led a review of negligence laws in the late 1990s following issues in the insurance industry, including the collapse of HIH insurance.
A
Justice Ipp
10
Q
Define:
Civil Law
A
The branch of law dealing with disputes between private parties, such as individuals or corporations, usually involving compensation rather than punishment.
11
Q
What is…
A threshold for awarding damages for non-economic losses, such as pain and suffering, where the injury must involve significant impairment (more than 5%) or psychiatric impairment (more than 10%).
A
Whole Person Impairment
12
Q
Define:
Justice Ipp
A
A retired judge who led a review of negligence laws in the late 1990s following issues in the insurance industry, including the collapse of HIH insurance.
13
Q
What is…
In this context, monetary compensation awarded to a person who sues for negligence, rather than referring to physical or emotional harm.
A
Damages
14
Q
What is…
A specialized court that investigates deaths that are unexpected, unnatural, accidental, or violent to determine how and why the death occurred.
A
Coroner’s Court
15
Q
Define:
Inquisitorial System
A
A legal process, particularly used in the Coroner’s Court, where the court itself seeks out evidence and facts rather than relying solely on the arguments of opposing parties.
16
Q
What is…
Inquiries conducted by the coroner into medical cases, often involving evidence from healthcare professionals, to determine if a death was preventable.
A
Medical-Legal Investigations
17
Q
Define:
Legislation
A
Laws formally enacted by parliaments or governing bodies.
18
Q
What is…
The killing of a human being, which can be classified as murder or manslaughter based on intent and circumstances.
A
Homicide
19
Q
What is…
A criminal offense under the Crimes Act involving the non-medical cutting or alteration of female genitalia, recognized as a form of abuse.
A
Female Genital Mutilation (FGM)
20
Q
What is…
A form of homicide where the death is caused by negligence, recklessness, or lack of direct intent to kill.
A
Manslaughter
21
Q
What is…
The termination of pregnancy, which is legal up to 24 weeks under Victorian law, with later abortions requiring medical certification by two doctors.
A
Abortion
22
Q
What is…
A legal obligation where a person or entity must act with a certain standard of care to avoid causing harm to others.
A
Duty of Care
23
Q
What is…
A legal system where two parties present their arguments to a judge or jury, who remains impartial and ensures fairness.
A
Adversarial System
24
Q
Although not a legal term, refers to the act of intentionally ending a person’s life to relieve suffering, with discussions focusing on active versus passive forms within healthcare.
A
Euthanasia
25
# What is...
A form of alternative dispute resolution where a neutral third party assists the disputing parties in reaching a mutually agreeable solution outside of court.
Mediation
26
# What is...
No longer considered a crime under Victorian law, but inciting someone to commit suicide remains a criminal offense.
Suicide
27
# What is...
The legal representative of the state in criminal cases, responsible for presenting the case against the accused.
Crown Prosecutor
28
# Define:
Civil Negligence
Negligence that is tried in civil court and typically involves a failure to exercise reasonable care, as opposed to criminal negligence, which involves intentional harm.
29
# Define:
Remoteness of Damage
A legal concept that assesses whether the harm suffered was a foreseeable result of the negligent act. If the harm was too remote or unexpected, the claim may fail.
30
# Define:
Coronial Investigation
The process undertaken by the coroner to gather evidence, including autopsies and examinations, to determine the cause and circumstances of death.
31
# Define:
Actus Reus
The physical act or omission that constitutes a criminal offense, which must be voluntary and intentional.
32
# What is...
The level of certainty required to prove a case in court. In criminal cases, this is "beyond reasonable doubt," and in civil cases, it is "on the balance of probabilities."
Standard of Proof
33
# What is...
The official written conclusions of a coronial investigation, including the identity of the deceased, the cause of death, and any recommendations for preventing similar deaths.
Coroner's Findings
34
# Define:
Wrongs Act 1958
A piece of legislation in Victoria that governs actions for negligence. Amended in 2003, it includes provisions on contributory negligence, mental harm, and liability, among others.
35
# Define:
Female Genital Mutilation (FGM)
A criminal offense under the Crimes Act involving the non-medical cutting or alteration of female genitalia, recognized as a form of abuse.
36
# Define:
Coroner's Findings
The official written conclusions of a coronial investigation, including the identity of the deceased, the cause of death, and any recommendations for preventing similar deaths.
37
# Define:
Coroner's Court
A specialized court that investigates deaths that are unexpected, unnatural, accidental, or violent to determine how and why the death occurred.
38
# Define:
Standard of Care
The level of care that a reasonably competent professional in the same field would provide under similar circumstances. A failure to meet this standard can lead to a finding of negligence.
39
# What is...
A legal principle ensuring fairness and impartiality in legal proceedings, including the right to be heard and the presumption of innocence.
Natural Justice
40
# What is...
The person or party who initiates a civil lawsuit against a defendant.
Plaintiff
41
# What is...
The failure to take reasonable care to avoid causing injury or loss to another person. In legal terms, it refers to the omission of doing something a reasonable person would do, or doing something a prudent person would not do.
Negligence
42
# What is...
The level of care that a reasonably competent professional in the same field would provide under similar circumstances. A failure to meet this standard can lead to a finding of negligence.
Standard of Care
43
# Define:
Pathologist
A medical professional who conducts autopsies and provides expert opinions on the cause of death during coronial investigations.
44
# Define:
Breach of Duty
Occurs when a person or entity fails to meet the expected standard of care, potentially leading to a negligence claim.
45
# Define:
Common Law
Law developed through judicial decisions rather than through legislative statutes.
46
# Define:
Euthanasia
Although not a legal term, refers to the act of intentionally ending a person's life to relieve suffering, with discussions focusing on active versus passive forms within healthcare.
47
# What is...
The requirement that the breach of duty directly caused the harm suffered by the plaintiff in a negligence case.
Causation
48
# Define:
Reportable Death
A death that meets certain criteria, such as being unexpected, unnatural, or occurring in custody, which must be reported to the coroner for investigation.
49
# Define:
Crown Prosecutor
The legal representative of the state in criminal cases, responsible for presenting the case against the accused.
50
# Define:
Manslaughter
A form of homicide where the death is caused by negligence, recklessness, or lack of direct intent to kill.
51
# What is...
Occurs when a person or entity fails to meet the expected standard of care, potentially leading to a negligence claim.
Breach of Duty
52
# Define:
Abortion
The termination of pregnancy, which is legal up to 24 weeks under Victorian law, with later abortions requiring medical certification by two doctors.
53
# What is...
The individual or entity being accused or sued in a legal proceeding.
Defendant
54
# Define:
Criminal Negligence
A severe form of negligence where there is intent to cause harm, requiring proof beyond a reasonable doubt. For example, in cases where healthcare workers cause intentional harm to patients.
55
# Define:
Criminal Law
The body of law pertaining to offenses that harm individuals or the state, with actions initiated by the state through entities like the police.
56
# What is...
A legal process, particularly used in the Coroner's Court, where the court itself seeks out evidence and facts rather than relying solely on the arguments of opposing parties.
Inquisitorial System
57
# Define:
Balance of Probabilities
The standard of proof in civil cases, where the plaintiff must prove that their claims are more likely than not to be true.
58
# What is...
The death of a child where it is the second or subsequent death of the parents' children, or it meets other criteria for review by the coroner.
Reviewable Death
59
# What is...
The standard of proof in civil cases, where the plaintiff must prove that their claims are more likely than not to be true.
Balance of Probabilities
60
# Define:
Adversarial System
A legal system where two parties present their arguments to a judge or jury, who remains impartial and ensures fairness.
61
# What is...
The body of law pertaining to offenses that harm individuals or the state, with actions initiated by the state through entities like the police.
Criminal Law
62
# What is...
The physical act or omission that constitutes a criminal offense, which must be voluntary and intentional.
Actus Reus
63
# What is...
A summary offense where someone attempts to hide the birth of a child, punishable by imprisonment.
Concealment of Birth
64
# What is...
A public court hearing led by the coroner to investigate the causes of one or more deaths or fires, focused on uncovering facts rather than assigning blame.
Inquest
65
# Define:
Good Samaritan
A person who voluntarily offers help in an emergency situation. Under the Wrongs Act, Good Samaritans are protected from liability for negligence when providing assistance, provided they act in good faith.
66
# What is...
A death that meets certain criteria, such as being unexpected, unnatural, or occurring in custody, which must be reported to the coroner for investigation.
Reportable Death
67
# Define:
Autopsy
A postmortem examination conducted by a pathologist to determine the cause of death, including both internal and external analysis of the body.
68
# Define:
Medical-Legal Investigations
Inquiries conducted by the coroner into medical cases, often involving evidence from healthcare professionals, to determine if a death was preventable.
69
# What is...
The act of intentional sexual penetration without consent, including the introduction of objects into the body.
Rape
70
# What is...
A legal standard used to determine if a party acted with reasonable care. It refers to what an average person with ordinary prudence would have done in similar circumstances.
Reasonable Person
71
# What is...
The branch of law dealing with disputes between private parties, such as individuals or corporations, usually involving compensation rather than punishment.
Civil Law
72
# What is...
Legislation that governs the responsibilities and powers of the Coroner’s Court, including the investigation of deaths and fires.
Coroners Act
73
# Define:
Concealment of Birth
A summary offense where someone attempts to hide the birth of a child, punishable by imprisonment.
74
# What is...
A legal concept where the plaintiff's own negligence contributed to the harm suffered, potentially reducing the damages awarded.
Contributory Negligence
75
# Define:
Inquest
A public court hearing led by the coroner to investigate the causes of one or more deaths or fires, focused on uncovering facts rather than assigning blame.
76
# What is...
The process undertaken by the coroner to gather evidence, including autopsies and examinations, to determine the cause and circumstances of death.
Coronial Investigation
77
# Define:
Reviewable Death
The death of a child where it is the second or subsequent death of the parents' children, or it meets other criteria for review by the coroner.
78
# What is...
Negligence that is tried in civil court and typically involves a failure to exercise reasonable care, as opposed to criminal negligence, which involves intentional harm.
Civil Negligence
79
# What is...
The mental intention or knowledge of wrongdoing that constitutes part of a crime.
Mens Rea
80
# Define:
Suicide
No longer considered a crime under Victorian law, but inciting someone to commit suicide remains a criminal offense.
81
# Define:
Causation
The requirement that the breach of duty directly caused the harm suffered by the plaintiff in a negligence case.
82
# Define:
Reasonable Person
A legal standard used to determine if a party acted with reasonable care. It refers to what an average person with ordinary prudence would have done in similar circumstances.
83
# What is...
Law developed through judicial decisions rather than through legislative statutes.
Common Law
84
# What is...
A severe form of negligence where there is intent to cause harm, requiring proof beyond a reasonable doubt. For example, in cases where healthcare workers cause intentional harm to patients.
Criminal Negligence
85
# Define:
Duty of Care
A legal obligation where a person or entity must act with a certain standard of care to avoid causing harm to others.
86
# Define:
Mediation
A form of alternative dispute resolution where a neutral third party assists the disputing parties in reaching a mutually agreeable solution outside of court.
87
# Define:
Contributory Negligence
A legal concept where the plaintiff's own negligence contributed to the harm suffered, potentially reducing the damages awarded.
88
# Define:
Damages
In this context, monetary compensation awarded to a person who sues for negligence, rather than referring to physical or emotional harm.
89
# Define:
Murder
The unlawful killing of another person with the intent to kill or cause grievous harm.
90
# What is...
A medical professional who conducts autopsies and provides expert opinions on the cause of death during coronial investigations.
Pathologist
91
# What is...
A person who voluntarily offers help in an emergency situation. Under the Wrongs Act, Good Samaritans are protected from liability for negligence when providing assistance, provided they act in good faith.
Good Samaritan
92
# What is...
The act of a mother causing the death of her child under specific conditions, such as post-birth mental disorders, treated differently from murder.
Infanticide
93
# Define:
Non-custodial Supervision Order
A legal order requiring a person to be supervised in the community rather than being held in custody, relevant to reportable deaths.
94
# What is...
The unlawful killing of another person with the intent to kill or cause grievous harm.
Murder
95
# Define:
Plaintiff
The person or party who initiates a civil lawsuit against a defendant.
96
# Define:
Rape
The act of intentional sexual penetration without consent, including the introduction of objects into the body.
97
# Define:
Whole Person Impairment
A threshold for awarding damages for non-economic losses, such as pain and suffering, where the injury must involve significant impairment (more than 5%) or psychiatric impairment (more than 10%).
98
# What is...
A legal order requiring a person to be supervised in the community rather than being held in custody, relevant to reportable deaths.
Non-custodial Supervision Order
99
# What is...
A postmortem examination conducted by a pathologist to determine the cause of death, including both internal and external analysis of the body.
Autopsy
100
# Define:
Victorian Institute of Forensic Medicine
An institute that provides expert forensic medical services, including conducting autopsies for the Coroner's Court.
101
# Define:
Standard of Proof
The level of certainty required to prove a case in court. In criminal cases, this is "beyond reasonable doubt," and in civil cases, it is "on the balance of probabilities."
102
# Define:
Bolam Principle
A principle from medical law stating that a professional is not considered negligent if their actions align with accepted practices among peers, unless those practices are proven inadequate.
103
# Define:
Negligence
The failure to take reasonable care to avoid causing injury or loss to another person. In legal terms, it refers to the omission of doing something a reasonable person would do, or doing something a prudent person would not do.
104
# What is...
A landmark 1856 case that defined the concept of negligence. It involved Birmingham Waterworks and Mr. Blyth, where the court ruled that negligence could only be established if the company failed to act reasonably under unforeseen circumstances (such as a severe frost).
Blyth v. Birmingham Waterworks Company
105
# Define:
Homicide
The killing of a human being, which can be classified as murder or manslaughter based on intent and circumstances.
106
# Define:
Coroners Act
Legislation that governs the responsibilities and powers of the Coroner’s Court, including the investigation of deaths and fires.
107
Natural Justice
A legal principle ensuring fairness and impartiality in legal proceedings, including the right to be heard and the presumption of innocence.
108
# Define:
Defendant
The individual or entity being accused or sued in a legal proceeding.
109
What is negligence in the context of healthcare?
Negligence in healthcare refers to the failure to provide reasonable care, resulting in injury or harm to a patient.
110
What are the four elements of negligence that must be proven in a legal claim?
The four elements are: duty of care, breach of duty, damage or harm, and causation.
111
How does a healthcare professional owe a duty of care to a patient?
A duty of care is owed when there is a legally recognized relationship, such as a healthcare professional-patient relationship.
112
What is the Bolam principle?
The Bolam principle states that a healthcare professional is not negligent if their actions are in line with practices accepted by peers of similar experience and education.
113
What is the relevance of foreseeability in negligence cases?
Foreseeability refers to whether a reasonable healthcare professional could predict and prevent the harm resulting from their actions.
114
What types of harm can a plaintiff claim in a negligence case?
A plaintiff can claim physical injury, psychological harm, mental harm, and financial loss.
115
What is the ‘but for’ test in negligence claims?
The ‘but for’ test is used to establish causation, meaning that 'but for' the defendant’s negligence, the plaintiff would not have suffered harm.
116
What does it mean if damage is "too remote" in a negligence case?
If damage is too remote, it means that the harm was not a foreseeable consequence of the negligent act, and the defendant may not be held liable.
117
What is the doctrine of vicarious liability?
Vicarious liability means that an employer can be held financially responsible for the negligent actions of their employees.
118
What is the principle of ‘double effect’?
The principle of double effect allows actions that have both a positive and a harmful outcome, provided the harmful effect is not the intended result.
119
What is the duty to rescue, and how does it relate to Good Samaritan laws?
Good Samaritan laws protect individuals who voluntarily provide assistance in emergencies. Nurses and midwives are not legally obligated to stop, but if they do, they owe a duty of care.
120
Can a Good Samaritan be held liable for negligence?
Good Samaritans are generally protected from negligence claims unless their actions were grossly negligent.
121
What are the defenses available to a healthcare professional in a negligence claim?
Defenses include proving no duty of care was owed, that the care was reasonable, that no damage was suffered, or that the harm was too remote.
122
What legal provisions exist for healthcare workers acting as Good Samaritans in Australia?
Good Samaritans are protected from liability under legislation unless gross negligence is proven.
123
How does vicarious liability shift financial responsibility in negligence cases?
Vicarious liability transfers financial responsibility from the individual employee to the employer, who has greater capacity to bear the loss.
124
Why was the Wrongs Act 1958 amended in 2003?
The Wrongs Act was amended due to an increase in negligence cases and issues with indemnity insurance, leading to the introduction of provisions for mental harm and damages.
125
What must a plaintiff prove in a civil negligence claim under the Wrongs Act?
The plaintiff must prove duty of care, breach of duty, harm or damage, and causation.
126
What is the significance of the standard of care in negligence cases?
The standard of care refers to the level of care that a reasonable professional would provide in the same circumstances.
127
How is negligence different in criminal cases compared to civil cases?
Criminal negligence involves intent to cause harm and must be proven beyond a reasonable doubt, whereas civil negligence is based on failure to exercise reasonable care.
128
What types of harm must a plaintiff prove to succeed in a negligence claim?
The plaintiff must prove physical injury, psychological harm, mental harm, or financial loss resulting from the breach of duty.
129
What is the Coroner's Court?
The Coroner's Court is a specialized court that investigates deaths that are unexpected, unnatural, accidental, or violent.
130
What is the primary role of the coroner?
The coroner investigates reportable deaths to determine the cause and circumstances and make recommendations to prevent similar deaths.
131
What deaths must be reported to the coroner?
Deaths that are unexpected, unnatural, accidental, violent, or occur during or after a medical procedure must be reported.
132
What is the difference between an investigation and an inquest?
An investigation gathers facts about a death, while an inquest is a public hearing to determine the cause of death and make recommendations.
133
What is a reportable death?
A death that is unexpected, unnatural, accidental, violent, or involves a medical procedure, custody, or a non-custodial supervision order.
134
What is a reviewable death?
A reviewable death occurs when the deceased is a child and their death is the second or subsequent death of the child’s parents.
135
What is the purpose of an inquest?
An inquest seeks to determine the facts of a death and provide recommendations to prevent similar incidents, rather than assign blame.
136
What kind of evidence can the coroner accept?
The coroner can accept various types of evidence, including medical records, autopsy reports, and witness statements, even if they are not admissible in other courts.
137
What is an autopsy, and who performs it?
An autopsy is a medical examination of a body after death, typically performed by a pathologist to determine the cause of death.
138
What are the three main functions of the Coroner’s Court?
The three functions are to investigate deaths and fires, reduce preventable deaths, and promote public health and safety.
139
How does the coroner make recommendations?
The coroner provides written findings after an investigation or inquest, which may include recommendations aimed at preventing similar deaths.
140
What is the Coroners Act 2008?
The Coroners Act 2008 is the legislation governing the Coroner's Court in Victoria, outlining the coroner's duties and the types of deaths that must be reported.
141
When does the coroner conduct an inquest?
An inquest is conducted when there is a need to investigate the public health or safety implications of a death or fire, or if the circumstances are unclear.
142
How does an inquest differ from other legal processes?
An inquest is inquisitorial, focusing on fact-finding rather than the adversarial process of determining guilt or innocence.
143
Why are some deaths not subject to an inquest?
If there is sufficient uncontested evidence, or if the death does not raise public health or safety concerns, an inquest may not be necessary.
144
What should nurses and midwives do in the event of a reportable death?
They should avoid interfering with the body, maintain documentation, and report the death if required.
145
What is the importance of clinical documentation in coronial investigations?
Clinical documentation is reviewed during coronial investigations to determine the events leading to the death and assess care standards.
146
Why are coroners’ recommendations important?
They aim to improve public health and safety by addressing practices or procedures that may prevent future deaths.
147
What happens after the coroner makes recommendations?
Relevant authorities must respond to the coroner’s recommendations within three months, outlining actions taken to address them.
148
What is the ‘double effect’ principle?
The principle of ‘double effect’ refers to the legal and ethical allowance for treatments that relieve pain, even if they may unintentionally hasten death.
149
How can healthcare delivery be linked to criminal activity?
Healthcare delivery can be associated with criminal activity if negligence, intentional harm, or a breach of legal obligations occurs.
150
What is vicarious liability in healthcare?
Vicarious liability holds employers responsible for the negligent actions of their employees performed in the course of employment.
151
Why might a nurse be called as a witness in the Coroner's Court?
A nurse might be called to provide evidence about the care they provided to the deceased or to clarify clinical practices.
152
What should a health professional do if a patient asks for assistance to die?
They should not assist, as it is illegal. Instead, they should provide appropriate care and refer the patient to a specialist for further support.
153
What is the consequence for a health professional who turns off a ventilator?
If done within the scope of medical practice, they are not guilty of murder or manslaughter, provided death has been declared legally.
154
What is the purpose of the doctrine of vicarious liability in healthcare?
It holds employers accountable for the actions of their employees within the scope of employment.
155
What are the two main areas of law?
Criminal law and civil law.
156
What is criminal law concerned with?
Protecting society and prosecuting acts deemed to be against the state, like murder or theft.
157
What is civil law concerned with?
Resolving disputes between individuals or entities, often involving monetary compensation.
158
What are the necessary elements to succeed in an action of negligence?
Duty of care, breach of duty, causation, and damage.
159
What is the ‘double effect’ principle in healthcare?
Administering pain relief that may hasten death but is legally acceptable when intended to alleviate suffering.
160
What are the elements of a crime?
Actus reus (the act) and mens rea (the mental intent).
161
What is the difference between murder and manslaughter?
Murder involves intentional killing with malice, while manslaughter involves unintentional killing or killing with mitigating circumstances.
162
What happens in the coronial jurisdiction?
An inquest is conducted to determine the cause of death, often in healthcare-related deaths.
163
What is a Good Samaritan law?
It protects individuals from liability when providing emergency care in good faith.
164
What does ‘beyond reasonable doubt’ mean in criminal cases?
The prosecution must prove the accused’s guilt to a very high standard, leaving no reasonable doubt.
165
What is an indictable offence?
A serious crime like homicide or sexual assault, which can affect a healthcare professional's registration.
166
What does ‘vicarious liability’ mean in criminal law?
It does not apply; in criminal law, liability is individual, meaning the accused is solely responsible for their actions.
167
What is negligent manslaughter?
When a person’s failure to meet a reasonable standard of care results in death, such as in medical malpractice.
168
What is the difference between civil and criminal law in terms of burden of proof?
In civil law, the burden of proof is on the balance of probabilities, whereas, in criminal law, it must be beyond reasonable doubt.
169
What is the role of the prosecution in criminal law?
The prosecution must gather and present evidence to prove the accused committed the crime.
170
Can a person be tried twice for the same criminal offence?
No, the principle of double jeopardy prevents someone from being tried again once a verdict has been reached.
171
What happens if a healthcare professional commits an indictable offence?
Their professional registration may be at risk, and they could face legal and disciplinary action.
172
What is a crime according to Professor Glanville Williams (1955)?
A legal wrong that can lead to criminal proceedings and result in punishment.
173
What does 'ignorance of the law' mean in criminal law?
Claiming not to know the law is not a valid defense against criminal charges.
174
What is manslaughter by provocation?
When a person kills someone after being provoked, reducing the charge from murder to manslaughter.
175
What is the difference between custodial and non-custodial sentences?
Custodial sentences involve imprisonment, while non-custodial sentences may include fines, probation, or community service.
176
What is the main focus of civil law?
Compensation for personal or property damage, usually resolved with monetary settlements.
177
What is required to prove a criminal offence?
Proof of both actus reus (the act) and mens rea (the intent).
178
What should health professionals know about disconnecting life support?
It is lawful once death is legally established as the irreversible cessation of circulation or brain function.
179
Which of the following is the first element that must be established in a negligence case?
A. Breach of duty
B. Causation
C. Duty of care
D. Damages
C. Duty of care
180
What is the second element in a negligence claim, after duty of care is established?
A. Foreseeability
B. Breach of duty
C. Intent
D. Proximity
B. Breach of duty
181
To succeed in a negligence action, which of the following must be demonstrated regarding damages?
A. Damages were foreseeable
B. Damages were reasonably avoidable
C. Damages were intentional
D. Damages are speculative
A. Damages were foreseeable
182
In proving causation in a negligence claim, which of the following must be established?
A. The defendant’s actions were the sole cause of harm
B. The defendant's breach of duty directly caused the harm
C. There were multiple parties responsible
D. The breach of duty was unintentional
B. The defendant's breach of duty directly caused the harm
183
The doctrine of vicarious liability primarily applies to which of the following relationships?
A. Parent and child
B. Employer and employee
C. Neighbor and neighbor
D. Client and lawyer
B. Employer and employee
184
Which of the following best describes the purpose of vicarious liability?
A. To hold individuals accountable for their personal actions
B. To shift liability from one party to another without fault
C. To ensure employers take responsibility for the acts of their employees
D. To protect businesses from lawsuits
C. To ensure employers take responsibility for the acts of their employees
185
Under vicarious liability, the employer may be liable for an employee’s actions if the action occurred:
A. During work hours only
B. During any time the employee was acting on behalf of the employer
C. Outside of work hours but on company property
D. While the employee was off duty
B. During any time the employee was acting on behalf of the employer
186
Which of the following is not a defense against vicarious liability?
A. The employee was acting outside the scope of employment
B. The employer provided adequate training
C. The employee was acting independently for personal benefit
D. The incident was an unforeseeable accident
B. The employer provided adequate training
187
Good Samaritan laws typically protect which of the following individuals?
A. Medical professionals only
B. Anyone who provides aid voluntarily in an emergency
C. Law enforcement officers
D. Hospital employees only
B. Anyone who provides aid voluntarily in an emergency
188
Good Samaritan laws will generally not protect individuals in which situation?
A. When acting in good faith
B. When the aid provided was negligent
C. When the person acted without compensation
D. When the actions are in response to an emergency
B. When the aid provided was negligent
189
What is the primary purpose of Good Samaritan laws?
A. To provide immunity from criminal charges
B. To encourage bystanders to assist in emergencies
C. To hold medical professionals accountable
D. To ensure all accidents are reported
B. To encourage bystanders to assist in emergencies
190
Good Samaritan laws are generally designed to protect helpers from:
A. Criminal prosecution
B. Defamation lawsuits
C. Civil liability
D. All legal consequences
C. Civil liability
191
The role of the coroner is primarily concerned with:
A. Determining criminal responsibility
B. Identifying the cause and circumstances of deaths
C. Settling disputes between families and healthcare providers
D. Issuing death certificates
B. Identifying the cause and circumstances of deaths
192
Coronial inquests are often held when:
A. A death occurs in a hospital
B. A death is sudden, unexpected, or unexplained
C. A death occurs due to natural causes
D. A death involves medical negligence
B. A death is sudden, unexpected, or unexplained
193
Which of the following is a key function of the coronial jurisdiction?
A. To issue criminal sentences
B. To make recommendations for preventing future deaths
C. To handle insurance claims
D. To settle disputes between parties
B. To make recommendations for preventing future deaths
194
Coronial findings are used to:
A. Assign blame for wrongful deaths
B. Contribute to public safety and policy reforms
C. Establish precedent in civil courts
D. Provide closure for families involved
B. Contribute to public safety and policy reforms
195
Which of the following circumstances could involve criminal activity in healthcare delivery?
A. Unintentional medical errors
B. Negligent care resulting in patient harm
C. Intentional administration of lethal drugs
D. Failure to diagnose a disease
C. Intentional administration of lethal drugs
196
Criminal charges in healthcare are most likely to be filed in which situation?
A. Medical negligence leading to patient harm
B. Breach of patient confidentiality
C. Willful misconduct or gross negligence
D. Prescribing incorrect medication
C. Willful misconduct or gross negligence
197
The principle of double effect refers to situations where:
A. An action has both a positive and negative outcome
B. The same action is repeated twice for different results
C. The physician acts with malice but claims benefit
D. Two wrongs are justified for the greater good
A. An action has both a positive and negative outcome
198
Which of the following is a key requirement for the application of the double effect principle?
A. The bad effect must outweigh the good
B. The negative consequence must not be the intended outcome
C. The physician intends to harm the patient
D. The act must be illegal to be justified
B. The negative consequence must not be the intended outcome
