#1
What does 'standard of care' refer to in medical malpractice cases?
The minimum level of care that a reasonably competent healthcare professional should provide
ExplanationStandard of care sets the benchmark for acceptable medical practices.
#2
Which of the following is NOT an essential element to prove medical malpractice?
Existence of informed consent
ExplanationInformed consent is vital but not an element of medical malpractice.
#3
What is res ipsa loquitur?
The thing speaks for itself
ExplanationRes ipsa loquitur applies when negligence is obvious from the circumstances.
#4
Which of the following is NOT a common defense against medical malpractice claims?
Res ipsa loquitur
ExplanationRes ipsa loquitur is a legal doctrine, not a defense.
#5
What is vicarious liability in the context of medical malpractice?
Liability that arises when a healthcare institution is held responsible for the actions of its employees
ExplanationVicarious liability extends responsibility to the employing institution.
#6
What is the statute of limitations for filing medical malpractice claims in most jurisdictions?
2 years
ExplanationThe statute of limitations restricts the timeframe for filing claims.
#7
What is the doctrine of informed consent in medical malpractice law?
A doctrine that requires healthcare professionals to disclose information to patients about their treatment options, risks, and alternatives
ExplanationInformed consent mandates comprehensive patient understanding before treatment.
#8
What is the 'but-for' test used for in medical malpractice cases?
To determine if the injury would have occurred regardless of the defendant's actions
ExplanationThe 'but-for' test assesses causation in medical malpractice.
#9
Which of the following is an example of medical negligence?
A doctor refuses to provide treatment to a patient
ExplanationMedical negligence includes acts or omissions that deviate from the standard of care.
#10
What is 'loss of chance' doctrine in medical malpractice law?
A doctrine that allows patients to recover damages for the loss of the chance of a better medical outcome
ExplanationLoss of chance doctrine acknowledges damages for missed opportunities in medical care.
#11
In a medical malpractice case, what does 'proximate cause' refer to?
The relationship between the defendant's actions and the patient's injury
ExplanationProximate cause establishes the direct link between negligence and harm.
#12
What is the difference between medical malpractice and medical negligence?
Medical malpractice refers to a breach of duty resulting in harm, while medical negligence refers to the failure to exercise reasonable care
ExplanationMalpractice involves specific harm resulting from a deviation from duty, while negligence refers to general failure to meet the standard of care.