Malpractice and Negligence Overview
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Questions and Answers

What is the primary consequence of nonfeasance in a professional setting?

  • Failure to fulfill a duty (correct)
  • Theft or property damage
  • Unlawful entry into a property
  • Physical assault
  • What distinguishes criminal homicide from non-criminal homicide?

  • Type of weapon used
  • Location of the incident
  • Presence of witnesses
  • Intent to harm vs. lack of intent (correct)
  • Which of the following best describes first-degree murder?

  • An intentional killing without premeditation
  • An unintentional killing during a dispute
  • A spontaneous act of violence
  • Planned killing with intent to cause serious harm (correct)
  • Which scenario is an example of non-criminal homicide?

    <p>A doctor euthanizes a terminally ill patient with consent</p> Signup and view all the answers

    What defines second-degree murder?

    <p>Non-premeditated killing with intent to cause serious harm</p> Signup and view all the answers

    What is the primary focus of a malpractice claim?

    <p>Lawsuits by patients concerning errors in diagnosis or treatment.</p> Signup and view all the answers

    Which term describes the unlawful act or misconduct committed by a medical professional?

    <p>Malfeasance</p> Signup and view all the answers

    What is a characteristic of misfeasance?

    <p>It involves the improper performance of a lawful act.</p> Signup and view all the answers

    Which of the following situations exemplifies nonfeasance?

    <p>A nurse fails to perform necessary patient monitoring.</p> Signup and view all the answers

    What distinguishes malfeasance from misfeasance?

    <p>Malfeasance is an intentional wrongful act, while misfeasance is an error in performing a lawful act.</p> Signup and view all the answers

    Which act is an example of malfeasance as defined in medical practice?

    <p>Altering a patient's medical records to cover up a mistake.</p> Signup and view all the answers

    Which of the following best describes negligence in the context of medical practice?

    <p>An error made during the course of performing a duty that harms a patient.</p> Signup and view all the answers

    Which example best represents misfeasance?

    <p>A technician uses incorrect settings on a medical machine.</p> Signup and view all the answers

    What is defined as the unlawful taking of another person’s property?

    <p>Robbery</p> Signup and view all the answers

    Which term refers specifically to the killing of a mother?

    <p>Matricide</p> Signup and view all the answers

    Which crime is characterized by the alteration of written documents for deceit?

    <p>Forgery</p> Signup and view all the answers

    What does bribery primarily involve?

    <p>Receiving gifts to influence a decision</p> Signup and view all the answers

    Which term describes the intentional burning of another person’s house?

    <p>Arson</p> Signup and view all the answers

    Which act refers to sexual intercourse of a married woman with a man other than her husband?

    <p>Adultery</p> Signup and view all the answers

    Perjury is best defined as which of the following?

    <p>Lying while under oath</p> Signup and view all the answers

    What describes the act of misusing one’s role for personal gain in public office?

    <p>Corruption</p> Signup and view all the answers

    Study Notes

    Malpractice and Negligence

    • Malpractice claims are lawsuits filed by patients against medical practitioners due to errors in diagnosis or treatment.
    • Negligence cases arise when a person believes a medical professional failed to perform a necessary action correctly or performed an action improperly, harming the patient.

    Classifications of Negligence Cases

    • Malfeasance: An unlawful act or misconduct.
    • Misfeasance: A lawful act performed improperly.
    • Nonfeasance: A failure to perform a required duty.

    Malfeasance Examples

    • Intentional wrongful or illegal acts, particularly when a duty to act appropriately exists.
    • Includes acts prohibited by law, or actions that should not be performed.
    • Example: A radiologic technologist intentionally altering medical imaging records to conceal a mistake during a procedure. This could lead to incorrect diagnoses and treatment plans.

    Misfeasance Examples

    • Improper or incorrect performance of a lawful act.
    • Negligence in performing a duty, not intentional wrongdoing.
    • Example: A technologist setting incorrect parameters on an MRI machine leading to poor-quality images, hindering accurate interpretation by the radiologist, possibly delaying diagnosis and treatment.

    Nonfeasance Examples

    • Failure to act when there's a duty to do so.
    • Involves inaction despite a responsibility to take action.
    • Example: A radiology technician failing to report necessary maintenance on a CT scanner, which later malfunctions during a critical procedure, potentially compromising patient care.

    Crime

    • An act committed or omitted in violation of law.

    Crimes Against Persons

    • Homicide: The act of one person killing another.
      • Criminal homicide is unlawful and punishable by law.
      • Non-criminal homicide refers to lawful killings, like justifiable cases.
    • Murder: Intentional killing with "malice aforethought." This involves a premeditated intent or a reckless disregard for human life.
      • First-degree murder: Planned or premeditated.
      • Second-degree murder: Non-premeditated killing.
    • Parricide: Killing a parent (father or mother).
    • Matricide: Killing a mother.
    • Infanticide: Killing a child less than 3 days old.

    Crimes Against Property

    • Robbery: Unlawful taking of another person's property.
    • Arson: Intentional burning of another person's house.
    • Sabotage: Intentional damage to the property of the employer by the employee.

    Crimes Against Chastity

    • Rape: Forcible sexual intercourse without consent.
    • Adultery: Sexual intercourse by a married woman with a man other than her husband.
    • Concubinage: Cohabitation of a married man with a woman other than his wife.

    Crimes Against Public Interest

    • Forgery: Altering a written document for deceit.
    • Perjury: Telling a lie under oath.

    Crimes Connected with Public Office

    • Graft: Dishonest transaction in public office, often involving the exploitation of one's role to obtain personal gain.
      • Example: A hospital administrator in charge of purchasing radiology equipment taking a "kickback" (personal benefit) in exchange for an overpriced contract with a supplier.
    • Bribery: Receiving money or gifts in connection with official duties as a means to influence actions of an individual in a position of authority.
      • Example: A radiology equipment vendor offering a cash or expensive gifts to the head of the radiology department to choose their company's MRI machines despite other companies offering better prices.
    • Corruption: Giving money or gifts in connection with the performance of duties and involving the abuse of power for personal gain.
      • Example: A hospital official hiring only family members or close friends as radiologic technologists, regardless of qualifications. This results in favoritism and undermines the department's performance and fosters an unethical workplace culture.

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    Description

    This quiz explores the concepts of malpractice and negligence in the medical field. It covers classifications such as malfeasance, misfeasance, and nonfeasance, providing examples to illustrate each type. Test your understanding of the legal implications that these terms hold for medical practitioners.

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