Med Law

A patient has a valid negligent tort when the provider fails to meet the standard of care.

Respondeat Superior means -- "Let the master answer"

This type of court system has the Supreme Court as the highest court, followed by the US Court of Appeals for the Armed Services, then each branch of services Criminal Appeals Court.

Would a case involving a physician that was negligent in his duty to the patient during treatment be treated as an Intentional Tort?

To properly inform a patient you must include:
The procedure
Risks associated with
Benefits of the procedure
Alternatives to the procedure

If you possess the ability to take in information and process that information,and then communicate it, it is said that you have the capacity to make a decision.

Corporate liability is based off the theory of what?

When does the Statue of Limitations begin for medical purposes?

If you are not of age, you are still considered to be able to make an informed decision based off of your decision making capacity.

If you find yourself in a situation that is beyond the knowledge base of the average layman, you would need what at the trial? Not used in Res ipsa Loquitur cases.

Damages in Torts are all but except for:

This is a non-contractual, civil wrong committed against a person or a person's property for which a court may award a remedy in damages.

The FTCA allows civilians to sue the government and to protect its employees from being directly sued.

Something that is a legally binding agreement is known as what?

Defenses to Negligent Torts include: Elemental, Good Samaritan, Res Judicata, Truth, Charitable Immunity, Sovereign Immunity, Assumption of Risk, Contributory Negligence, Comparative Negligence and Statue of Limitations.

Advance Directives include:
DNR
Durable Powers of Attorney
Living Will

What are the three sources of law?

Punitive Damages are damages that are awarded to punish an individual and deter future behavior of that kind.

Punitive Damages can be levied against the United States.

What is stronger or better to have in a medical situation:
Living Will or a Durable PoA

You bring your child to a provider for a cut on his hand. The provider, being slammed with patients that day, rushes his examination of the wound and begins suturing the wound. The provider uses tools that were already set out on the table in the room -- unbeknownst to him, the tools had just been used to suture another patient who had an infection. The provider's office SOP is to only use tools from the drawer as they are known to be sterilized. Days later the child's hand begins to swell and show signs of infection and the child soon needs to be hospitalized. In this case, could the provider be held liable in a Negligent Tort?

Special Damages can include recuperation for cost of repair.

There are two types of informed decision making, they are...

Could a factor of general damages be an error that was made in services to the home?

A system of rules that defines socially acceptable behavior and sets punishments for violations is the definition for what?

All of these are elements of a contract except for what?

A typical State System looks like...

What court must you file in for a FTCA case?

An oral contract is a valid form of contract, true or false?

If you owned an exotic python and that python got out and bit your neighbor, would you then be held liable under the definition of Strict Liability?

The three elements of Res Ipsa Loquitur are:
Event would not normally occur without negligence
Apparent cause was within exclusive control of defendant
No negligence on the part of the plaintiff

To act as a reasonable and prudent Physician's Assistant would act under the same or similar circumstances.

What is sought in contract remedies?

The FTCA allows federal employees to sue the government.

Which Branch of Government does the DoD fall under?

What are two of the major differences between the MCA and the FTCA?

The Feres case allowed for the decision that:

What is the first step in filing a case under the FTCA?

If the patient is found negligent in a res ipsa loquitur case, the theory of law still applies.

What falls under Civil Law?

Elemental, Performance, Impossibility, Sovereign Immunity, Frustration of performance, Statute of Limitations and Res Judicata for Defenses to Contract Actions.

Types of Tort law include...

Providers used to use the local standard of care when treating patients. However, we have moved on from that and use what standard now?

You must have what four things to action a negligent tort?

What is the Supreme Law of the Land? Grant of power from the States to the Federal government This is the basis for all laws and has two parts -- Main Body and Amendments.

This is defined as the amount of money necessary to make the injured party whole.

Which states allow you the "right to die/right to refuse care"?

This type of court system has the Supreme Court as the highest court followed by the Court of Appeals, State Supreme Courts and the Court of Appeals for the Armed Services.