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Questions and Answers
What defines the standard of care for a professional in a negligence case?
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?
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?
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- A doctor uses outdated medical equipment but follows proper procedures.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?
What is implied in the concept of the 'reasonably prudent person' standard?
Which factor is NOT considered when evaluating a breach of duty in a negligence claim?
Which factor is NOT considered when evaluating a breach of duty in a negligence claim?
Flashcards
Duty of Care
Duty of Care
A legal obligation to act reasonably and avoid causing harm to others. It's a question of law decided by a judge.
Reasonable Prudent Person Standard
Reasonable Prudent Person Standard
A legal standard used to determine negligence. It asks: what would a reasonably careful person do in the same situation?
Negligence Per Se
Negligence Per Se
When someone violates a statute (law) designed to protect others, and their violation directly causes harm. This is considered negligence.
Professional Standard of Care
Professional Standard of Care
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Breach of Duty
Breach of Duty
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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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