Deck 3: Proving Breach of Duty Medical and Legal Malpractice

Question 1

In which type(s) of cases would res ipsa loquitur most commonly be used?

A) Medical malpractice
B) Motor vehicle accident
C) Trespass
D) All of these choices.

Answer 1

A

Question 2

A hospital cannot be held liable for the negligent acts of a physician hired as an independent contractor, even if the hospital continues to use the independent contractor after learning of his or her negligent services.

Answer 2

False

Question 3

If the defendant can show that at least one of the four elements needed for negligence case is missing, he or she should

A) use a demurrer.
B) file a motion for summary judgment.
C) file a motion to dismiss.
D) All of these choices.

Answer 3

D

Question 4

Which of the following is not typically an issue involved in medical malpractice cases?

A) Abandonment
B) Record-keeping errors
C) Employee grievance against a hospital for stressful working conditions
D) None of these choices.

Question 5

In res ipsa loquitur, the defendant must be in a better position to prove his or her lack of negligence than the plaintiff is to prove the defendant's negligence.

Question 6

Burden of proof is sometimes referred to as the prima facie case.

Question 7

Under the doctrine of res ipsa loquitur, the defendant's negligence is presumed as a result of his or her actions.

Question 8

When a statute is violated and a person is injured, but the violation of the statute did not cause the person's injury, the statute would still have a direct bearing on the negligence action.

Question 9

One of the issues included in medical malpractice cases is sexual assault against the patient.

Question 10

In a negligence case, the plaintiff must prove that all negligence elements existed

A) beyond a reasonable doubt.
B) by a preponderance of the evidence.
C) with clear and convincing evidence.
D) with overwhelming evidence.

Question 11

Which of the following is not an element of res ipsa loquitur?

A) The defendant must have been in exclusive control of the object or action that produced the plaintiff's injury.
B) The plaintiff's injury must be of a type that ordinarily would not have happened unless negligence were involved.
C) The plaintiff must be in a better position to prove his or her lack of negligence than the defendant is to prove the plaintiff's negligence.
D) The plaintiff cannot have contributed to his or her own injuries.

Question 12

If a doctor's care of a patient falls below the standard of care owed to the patient but the patient did not suffer any physical or mental harm, the patient would not be able to prove medical malpractice.

Question 13

Under the doctrine of res ipsa loquitur, which party has the burden of proof?

A) Plaintiff
B) Defendant
C) Both parties have burden of proof, but the burden is heavier for the plaintiff.
D) Both parties have burden of proof, but the burden is heavier for the defendant.

Question 14

Res ipsa loquitur means

A) the thing speaks for itself.
B) proof has been established by a preponderance of the evidence.
C) innocent until proven guilty.
D) let the buyer beware.

Question 15

Affirmative defenses must be alleged or proven by the plaintiff.

Question 16

If the events that led to the plaintiff's injury were under the exclusive control of the defendant's employees, res ipsa loquitur does not apply.

Question 17

Legal malpractice can result when an attorney places his or her own interests before those of the client.

Question 18

After the plaintiff has made a prima facie case, the defendant must counter with his or her own evidence. This is called the defendant's

A) burden of rejoinder.
B) burden of persuasion.
C) rebuttal.
D) All of these choices.

Question 19

The Hippocratic Oath establishes the basic standards of ethics for

A) practicing law.
B) practicing medicine.
C) fulfilling the duties of a specialist.
D) All of these choices.

Question 20

When proof that a statute has been violated is sufficient to show that there is negligence, this is considered

A) absolute negligence.
B) negligence per se.
C) negligence prima facie.
D) statutory negligence.

Question 21

Caps have been placed on the amount of money an injured plaintiff can collect in medical malpractice claims due to

A) medical malpractice insurance.
B) tort reform.
C) constitutional limits.
D) None of these choices.

Question 22

Which of the following is not one of the basic elements that must be proved in a medical malpractice case?

A) Existence of a doctor/patient relationship
B) Breach of duty
C) Causation
D) None of these choices.

Question 23

A hospital would not be held liable for the negligent actions of which of the following?

A) Nurse
B) Receptionist
C) Physician working as an independent contractor
D) None of these choices.

Question 24

The attorney/client relationship is a

A) fiduciary relationship.
B) common-law relationship.
C) mandatory relationship.
D) All of these choices.

Question 25

Many law firms will not take a medical malpractice case unless the case involves damages of at least

A) $100,000
B) $250,000
C) $500,000
D) $1 million