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9 Cards in this Set

  • Front
  • Back
The most basic defense
Lack of Negligence; the Dr. lived up to the standard of care.
Defense if:
Patient fails to follow Dr's orders
OR
Patient fals to give accurage and complete medical history
Contributory Negligence
or
Comparative Negligence
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.
Which standard satisfies "Proximate Cause"?
1) Medical Possibility
2) Reasonable Medical Probability/Certainty
3) Both
2) Reasonable Medical Probability/Certainty
+
expert testimony is needed
How is the Proximate Cause chain "broken"?
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]
If plaintiff shows SOME EVIDENCE of Cause-in-fact and Proximate cause, can directed verdict for defendant still be proper on those issues?
No.
True or False: A defendant can notice and argue that a party OTHER THAN THOSE SUED is to blame for some/all harm done.
True. This is called the "Empty Chair" defense.
True or False: Some health care workers have an "Immunity" defense?
True; in limited situations.
True or False: Some health care workers get a Heightened BOP [GN + C&C]?
True; certain classes do.