Law And Ethics In Medicine Ch 5 Important Points

Front 1

What are the elements of a civil malpractice suit?

Back 1

relationship between the physician and the patient, the relationship established duty by the physician to the patient, the duty had been upheld at a professional standard of care, the physician breached the duty, the patient had a resulting injury, the physician's breach was the proximate cause of the injury

Front 2

What is the difference between negligence and malpractice?

Back 2

malpractice is professional negligence - negligence refers to when a layperson doesn't use reasonable care.

Front 3

What are the defenses to a medical malpractice cause of action?

Back 3

statute of limitations, contributory negligence, comparative negligence, assumption of risk, emergency

Front 4

What's the difference between an invitee, a licensee and a trespasser and what is the duty of care owed to each?

Back 4

An invitee is someone who enters the premises as a result of an express or implied invitation - they are owed the highest duty of care. A licensee is someone who enters the property with implied permission - there is a duty to warn these people about dangers that cannot be easily seen. Trespassers are people who enter property illegally - there is a duty to warn of dangers and to reduce or eliminate them.

Front 5

What are the three conditions of res ipsa loquitur?

Back 5

In the normal course of events, the accident would not have happened if reasonable care had been used; the defendant had exclusive control over the cause of injury; the plaintiff did not contribute to the occurrence of the accident.