Tort Law in Healthcare
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Questions and Answers

What is the purpose of deterrence in the context of tort law?

  • To encourage the wrongdoer to commit future torts
  • To compensate the injured party
  • To find fault for wrongdoing
  • To discourage future wrongdoing (correct)

    • Which of the following best describes a quasi-delict?

  • A negligent act causing harm without malice (correct)
  • A breach of contract resulting in damages
  • A deliberate act causing harm
  • An act performed under duress

    • Under article 2176 of the Civil Code, what is required for a person to be obliged to pay for damages?

  • The damage must be intentional
  • There must be a prior contractual agreement
  • There must be fault or negligence present (correct)
  • The affected party must have consented to the act

    • What constitutes 'culpability' in the context of tort law?

    <p>Finding fault for wrongdoing</p> Signup and view all the answers

    Which of the following elements is NOT part of the requisites of a contractual relationship?

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

    What does 'prima facie' evidence refer to in the context of tort law?

    <p>Evidence considered true unless proven otherwise</p> Signup and view all the answers

    What distinguishes an intentional tort from a negligent tort?

    <p>Intentional torts involve a willful act, while negligent torts may not involve any act</p> Signup and view all the answers

    In tort law, who typically bears the financial damage from an adverse medical outcome?

    <p>The party found at fault by the court</p> Signup and view all the answers

    What does the doctrine of vicarious liability imply in a medical setting?

    <p>An employer is held liable for the acts of their employees.</p> Signup and view all the answers

    Which of the following best describes malfeasance?

    <p>Performance of an unlawful or improper act.</p> Signup and view all the answers

    What is considered an example of nonfeasance in a medical context?

    <p>Failing to conduct a thorough history and physical examination.</p> Signup and view all the answers

    Which doctrine allows a medical institution to be held accountable for the negligence of a contracted physician?

    <p>Ostensible Agent Doctrine.</p> Signup and view all the answers

    What does the doctrine of res ipsa loquitor suggest in cases of negligence?

    <p>The negligence is evident, and no further justification is needed.</p> Signup and view all the answers

    In terms of negligence, what is misfeasance?

    <p>The performance of an authorized act that causes harm.</p> Signup and view all the answers

    Which example illustrates the concept of omission in medical care?

    <p>Failing to follow up on abnormal test results.</p> Signup and view all the answers

    What does the doctrine of contributory negligence imply?

    <p>Plaintiffs can be held liable for their own role in the injury.</p> Signup and view all the answers

    What is the primary purpose of punitive damages?

    <p>To punish the wrongdoer and deter similar conduct</p> Signup and view all the answers

    Which of the following is NOT a requirement of the doctrine of Res Ipsa Loquitur?

    <p>The accident must be of a kind that ordinarily does occur without negligence</p> Signup and view all the answers

    Which of these is an example of general damages?

    <p>Pain and suffering experienced by the victim</p> Signup and view all the answers

    What is required to establish a valid claim of negligence?

    <p>Duty to care, breach of duty, injury, factual causation</p> Signup and view all the answers

    In which scenario would the doctrine of Res Ipsa Loquitur most likely apply?

    <p>A surgical instrument is left inside a patient's body after surgery</p> Signup and view all the answers

    Under the doctrine of contributory negligence, when can a plaintiff recover damages?

    <p>If the plaintiff's negligence is contributory and the defendant is also at fault</p> Signup and view all the answers

    Which type of damages is intended to directly compensate a victim for incurred losses?

    <p>Compensatory damages</p> Signup and view all the answers

    Which of the following constitutes a common instance of contributory negligence?

    <p>Leaving the hospital against physician's advice</p> Signup and view all the answers

    What does the term 'physician-patient relationship' imply?

    <p>No guarantee of success or specific outcomes</p> Signup and view all the answers

    What is the significance of the doctrine of assumption of risk?

    <p>It bars recovery if the individual knowingly accepts the risks</p> Signup and view all the answers

    Which of the following scenarios would likely NOT invoke the doctrine of Res Ipsa Loquitur?

    <p>Accidental overdose from self-administered medication</p> Signup and view all the answers

    According to Art. 2179 of the Civil Code, what happens if a plaintiff's own negligence is the direct cause of their injury?

    <p>They cannot recover any damages</p> Signup and view all the answers

    What does the term 'special damages' primarily refer to?

    <p>Reimbursement for out-of-pocket expenses like medical bills</p> Signup and view all the answers

    What is implied by the doctrine of superior knowledge in a physician-patient relationship?

    <p>Physicians possess greater knowledge and control in treatment decisions</p> Signup and view all the answers

    Which of the following best describes 'violenti non fit injuria'?

    <p>Injury does not occur if consent is given for known risks</p> Signup and view all the answers

    What must be proven to establish factual causation in a negligence claim?

    <p>The departure from the standard of care must have caused the injury</p> Signup and view all the answers

    Under what conditions can contributory negligence be claimed in a medical context?

    <p>When the patient's behavior shows a flagrant disregard for their health.</p> Signup and view all the answers

    What does the doctrine of last clear chance signify for physicians?

    <p>They may be held liable for failing to investigate non-response to treatment.</p> Signup and view all the answers

    Which of the following best defines the duty of care in negligence?

    <p>Physicians owe a duty of care to those foreseeably endangered by their actions.</p> Signup and view all the answers

    In which scenario can a physician not be held liable for negligence?

    <p>If the injury was sustained due to unforeseen patient conditions.</p> Signup and view all the answers

    What is the purpose of compensatory damages?

    <p>To restore the injured party to their original financial state prior to harm.</p> Signup and view all the answers

    What does imputable negligence imply in a workplace context?

    <p>An employee's negligent act can be attributed to their employer under specific conditions.</p> Signup and view all the answers

    Which term best describes the actions of a professional that fall under malpractice?

    <p>Carelessness resulting in misdiagnosis or mistreatment.</p> Signup and view all the answers

    What defines criminal negligence in a medical context?

    <p>Reckless disregard for the safety of another person.</p> Signup and view all the answers

    What principle holds employers responsible for their employees' negligent acts?

    <p>Vicarious liability</p> Signup and view all the answers

    In case of employee negligence, what can an employer seek from the employee who caused the harm?

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

    Which law relates to compulsory immunization for children in the Philippines?

    <p>PD 996</p> Signup and view all the answers

    Under which Executive Order are the guidelines on the right to organize government employees established?

    <p>EO 180</p> Signup and view all the answers

    For a hospital director to incur liability for torts, what must be demonstrated?

    <p>The director participated in or directed the tortious act</p> Signup and view all the answers

    What is the primary focus of RA 1054?

    <p>Emergency medical and dental attendance for employees</p> Signup and view all the answers

    Which of the following Presidential Decrees addresses the nutrition program in the Philippines?

    <p>PD 491</p> Signup and view all the answers

    Which resolution relates to the implementation of the ICN Code of Ethics?

    <p>#633 Series 1984</p> Signup and view all the answers

    What does RA 6713 establish for public officials and employees?

    <p>Code of conduct and ethical standards</p> Signup and view all the answers

    Which of the following is an example of a measure aimed at improving workplace conditions for nursing personnel?

    <p>ILO Convention #149</p> Signup and view all the answers

    Study Notes

    Tort Law in Healthcare

    • A legal wrong is a violation of someone's legal rights or a failure to fulfill a legal duty to a person or society.
    • Common law is judge-made law, based on precedent. Courts apply principles from similar cases to new situations.
    • Tort law sets rules for when someone injured can seek compensation from another party.
    • Tort law aims to compensate victims, ensure fairness, and deter future wrongful conduct.

    Common Law

    • Common law is judge-made, derived from past cases.
    • Courts follow precedent, building on established legal principles.
    • Common law is the foundation for many legal systems.

    Tort Law

    • Tort law determines when an injured party can recover for harm resulting from another person's actions.
    • Legal wrongs: crimes, breaches of contracts, and torts.
    • Torts involve civil wrongs where one party violates another's legal rights.

    Criminal Law

    • Deals with offenses against the state.
    • Governments prosecute defendants for crimes.
    • Penalties can include jail time, probation, or fines.

    Civil Law

    • Involves disputes between individuals or groups.
    • Plaintiffs sue defendants for compensation or to stop certain actions.
    • Defendants may receive a judgment to pay damages or cease a harmful action.

    Quasi-Delict

    • A quasi-delict is a negligent act or omission causing harm without malice.
    • It's a fault, negligence or imprudence causing injury to another person (without intent).
    • "Prima Facie": evidence proved to be true unless substantial contradictory evidence exists.

    Negligence

    • Negligence is a failure to meet a standard of care, leading to harm.
    • Elements of negligence: duty, breach of duty, injury, and causation.
    • Duty of care: obligation to act responsibly.
    • Breach of duty: failure to meet the standard of care.
    • Injury: actual harm resulting from the breach.
    • Causation: the breach directly caused the injury.

    Medical Malpractice Cases

    • Legal principles applied in medical malpractice cases: vicarious liability, ostensible agent doctrine, borrowed servant doctrine, captain of the ship doctrine, common knowledge doctrine, contributory negligence, assumption of risk, res ipsa loquitor, last clear chance doctrine, continuing negligence.

    Elements of Negligence

    • Duty of care: A legal obligation owed to another person
    • Breach of Duty: Failing to meet established standard of care
    • Causation: The defendant's actions directly led to the plaintiff's injury.

    Types of Damages

    • Compensatory damages: for actual costs like medical bills or lost income.
    • Punitive damages: to punish wrongdoing and deter similar actions.

    Res Ipsa Loquitur

    • "The thing speaks for itself."
    • A legal principle that suggests negligence when an accident occurs under the defendant's control, normally occurring due to negligence.
    • Used if normal circumstances of an event point to negligence.

    Intentional Torts

    • Intentional torts require intent to harm or cause injury.
    • Willful acts, realizing harm will result, are involved.

    Doctrine of Respondent Superior

    • Employers are liable for the wrongful acts of their employees when those acts occur within the scope of employment.

    Presidential Decrees and Laws Affecting Nursing

    • Numerous presidential decrees and laws relate to nursing practices. Some cover maternity leave, nutrition programs, and professional licensure.

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    Tort Law in Healthcare PDF

    Description

    This quiz covers key concepts of tort law in the context of healthcare, including the definition of legal wrongs and the role of common law. It explores how tort law helps victims seek compensation and the basis of legal liability. Prepare to test your understanding of these crucial legal principles.

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