Questions and Answers
What is professional negligence?
What is malpractice?
What is incompetence?
What are the elements of professional negligence?
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What is direct causation?
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What is larceny?
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What are the stages of crimes?
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What are the four elements of negligence (4 D's)?
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What is defamation?
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What is conspiracy?
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Study Notes
Unintentional Torts
- Professional negligence occurs when a person fails to act as a reasonably prudent person would in a similar circumstance, causing injury to another person or their property.
- Examples of professional negligence include mistaken identity and defects in equipment such as stretchers and wheelchairs leading to patient falls.
Types of Professional Negligence
- Malpractice: a negligence act committed by a person in a professional capacity, resulting from professional misconduct or unreasonable lack of professional skill.
- Incompetence: a lack of ability, which can lead to revocation or suspension of a professional's certificate of registration.
Elements of Professional Negligence
- Existence of a duty on the part of the person
- Failure to meet the standard of due care
- Foreseeability of harm resulting from failure to meet the standard
Causes of Negligence
- Carelessness
- Ignorance
- Lack of skills
Direct Causation
- Failure to use due care causes injury
- Failure to ask about allergies
- Previous experience with drugs and reaction
Damage or Injury
- Actual harm results from professional negligence
Crimes
- Larceny: taking another person's property for permanent use
- Abortion: illegal destruction and bringing forth of a human fetus before natural time of birth
Stages of Crimes
- Consummated: all elements executed with a successful result
- Frustrated: all elements executed without a successful result
- Attempted: not all elements executed, no successful result
Degree of Crimes
- Grave: capital punishment or penalty of above 6 years and one day or fine of more than 6 thousand pesos
- Less grave: penalty of 1 month and 1 day to 6 years or fine of not more than 6 thousand pesos but not less than 200 pesos
- Light: penalty of 1 day to 30 days or fine more than 200 pesos
Four Elements of Negligence (4 D's)
- Duty: to use due care
- Dereliction: failure to use due care
- Direct causation: failure to use due care causes injury
- Damage: actual harm results
Crimes Against Honor
- Defamation: injury to the honor and reputation of another, including slander, libel, and slander by deed
Conspiracy
- A joint agreement of two or more persons, where the act of one is the act of all
Persons Involved in a Conspiracy
- Principals: chief actor/mastermind, those who actually do or perform the act, or those who are actually present and aid in the commission of an act
- Accessories: those who assist or participate in the commission of a crime, or those who assist or encourage the principal offender with the intent to have the crime committed
- Accomplices: those who do not take a direct part in the execution of the act, but induce or cooperate through another act essential to the consumption of the crime
Crimes Against Public Morals
- Illegal gambling: playing for money
- Indecent exposure: intentional exposure of one's private parts in public
- Prostitution: a crime committed by a woman to engage in sexual intercourse for pay
Misdemeanor
- A general name for a criminal offense that does not amount to the grade of a felony
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Description
This quiz covers unintentional torts, specifically professional negligence, including commission or omission of acts that cause injury to others or their property.
