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9 Cards in this Set
- Front
- Back
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The most basic defense
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Lack of Negligence; the Dr. lived up to the standard of care.
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Defense if:
Patient fails to follow Dr's orders OR Patient fals to give accurage and complete medical history |
Contributory Negligence
or Comparative Negligence |
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True or False: The "Antecedent Negligence" defense bars a plaintiff's recovery if:
the plaintiff was negligent in causing the injury which the Dr. treated. |
False. It is no defense that the patient was at fault for his injury/condition BEFORE seeking care. The Dr. is responsible for negligently treating ANY condition, however it occured.
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Which standard satisfies "Proximate Cause"?
1) Medical Possibility 2) Reasonable Medical Probability/Certainty 3) Both |
2) Reasonable Medical Probability/Certainty
+ expert testimony is needed |
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How is the Proximate Cause chain "broken"?
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1) An independent, intervening act,
2) of someone other than the defendant 3) which was NOT forseeable by the defendant, and 4) was sufficient itself to cause the injury. [Distinct, Successive, Unrelated, Efficient Cause] |
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If plaintiff shows SOME EVIDENCE of Cause-in-fact and Proximate cause, can directed verdict for defendant still be proper on those issues?
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No.
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True or False: A defendant can notice and argue that a party OTHER THAN THOSE SUED is to blame for some/all harm done.
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True. This is called the "Empty Chair" defense.
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True or False: Some health care workers have an "Immunity" defense?
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True; in limited situations.
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True or False: Some health care workers get a Heightened BOP [GN + C&C]?
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True; certain classes do.
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