Legal Duty and Standard of Care Quiz
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Questions and Answers

What defines the standard of care for a professional in a negligence case?

  • The standard of care based on an ordinary member of that profession. (correct)
  • The standard dictated by common law principles.
  • The general standard of care followed by the community.
  • The personal standard of care of the professional.

    • In the context of negligence per se, which of the following is NOT a requirement to establish a breach?

  • The plaintiff must be a member of the protected class.
  • The violation was a proximate cause of the injury.
  • The statute was designed to prevent the harm that occurred.
  • The plaintiff suffered no harm from the violation. (correct)

    • Which situation would most likely qualify as medical malpractice?

  • A doctor diagnoses a condition but fails to suggest a treatment plan.
  • A doctor uses outdated medical equipment but follows proper procedures.
  • A doctor fails to inform the patient of potential risks associated with a treatment. (correct)
  • A nurse administers medication without checking the patient's history.

    • What is implied in the concept of the 'reasonably prudent person' standard?

    <p>The standard determines how a reasonable person would act under similar circumstances.</p> Signup and view all the answers

    Which factor is NOT considered when evaluating a breach of duty in a negligence claim?

    <p>The subjective feelings of the defendant about their actions.</p> Signup and view all the answers

    Study Notes

    Duty (Question of Law)

    • Judges determine the existence of a legal duty.
    • A duty is imposed to act reasonably.

    Standard of Care

    • Reasonably Prudent Person: The expected behavior of a typical person in similar circumstances.
    • Knowledge (as a legal matter): Relevant knowledge is considered part of the standard of care.
    • Custom and Usage: Industry practices and customs can influence the standard of care.
    • Negligence Per Se (Statute):
      • Defendant (D) violates a law.
      • The law was designed to prevent harm of the type caused.
      • Plaintiff (P) was within the protected class.
      • The violation directly caused the harm (proximate cause).

    Professional Standard of Care

    • General Professional Standard: Professionals are expected to uphold the learning, skill, and ability typical for a competent member of their profession, exercising due care.
    • Specialist Standard: The standard for specialists is higher. It considers a specialist's expertise.
    • Medical Malpractice: A doctor acts (or fails to act) in a way that falls short of the expected standard of care, causing harm to the patient.
      • A medical professional is responsible for doing what standard practice in the medical field dictates, failing to adhere to this causes liability.
      • A medical professional is responsible for disclosing all material risks of a treatment and that failing to do this can result in liability if the patient in question would have avoided the treatment under consideration had they been informed of all risks.
      • The disclosed risk must have been material and influenced the patient's choice.
      • A lack of disclosed risk and a resultant choice that caused harm to the patient would make the disclosing party liable.

    Breach of Duty

    • Breach: Failure to meet the established standard of care.

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    Description

    Test your understanding of the legal concepts of duty and standard of care. This quiz covers the expectations of a reasonably prudent person, the implications of negligence per se, and professional standards for various practitioners. Evaluate your knowledge on how these principles apply in legal contexts.

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