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As employers, physicians have general liability in what three areas
the practice's building and grounds; automobiles; employee safety
According to the reasonable person standard, a person may be charged with negligence if someone is injured because of failure to perform an act that a reasonable person in similar circumstances would perform, or if an act is committed that
that a reasonable person would not committ
List and describe the four Ds of negligence
duty- the person charged with negligence owed a duty of care to the accuser; dereliction-the health care provider breached the duty of care to the patient; direct cause- the breach of the duty of care to the patient was a direct cause of the patient's injury; damages-there is a legally recognizable injury to the patient
Why are expert witnesses often required in a medical negligence lawsuit?
to testify to the standard of care regarding the matter in question
When is the doctrine of res ipsa loquitur applied?
when the mistake is so obvious; three conditions must exist: the act of negligence must obviously be under the defendant's control; the patient must not have contributed to the act; it must be apparent that the patient would not have been injured if reasonable care had been used
Explain the status of expert witnesses in cases in which res ipsa loquitur is applied
expert witnesses need not be called to testify in a medical malpractice lawsuit alleging res ipsa loquitur, because the fact that a mistake was made is not debatable
A court order for an individual to appear in court is called a ________ and an order for bringing certain records is called ________. An order to appear in court to defend yourself is a __________.
subpoena; subpoena duces tecum; summons
What is the difference between a deposition and an interrogatory?
deposition- a sworn testimony given and recorded outside the courtroom during the pretrial phase of a case; interrogatory- a written set of questions requiring written answers from a plaintiff or defendant under oath
Define the two types of depositions that might be take prior to a medical malpractice lawsuit
discovery dispositions cover material that will most likely be examined again when the witness testifies in court; depositions in lieu of trail are used instead of the witness's in person testimony in court
As a health care practitioner asked to testify, are you more likely to give factorial or expert testimony? Why?
fact testimony, and this type of testimony concerns only those facts the witness has observed. Only experts in a particular field have the education, skills, knowledge, and experience to give expert testimony
Define alternative dispute resolution. List and define two commonly used ADR methods
ADR- settlement of civil disputes between parties using neutral mediators or arbitrators without going to court; mediation is a adr method in which a neutral third party listens to both sides of the argument and then helps resolve the dispute; arbitration is a method of settling disputes in which the opposing parties agree to abide by the decision of an arbitrator.
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