Negligence
Duty, Breach, Causation and Damages
Elements of Negligence
A Hospital can legally refuse to admit any person unless 1 of 3 of these exceptions. (Name one)
Common Law right to admission - When hospital is responsible for the original injury
Contractual Right to Admission - Hospital has contracted to accept members of certain population
Statutory Right to Admission - hospital statutory obligation to accept member
True or False
False
Informed consent to perform surgery on the left foot but performed surgery on the right foot instead.
What is a medical battery
No Crime
Comparative Negligence Defense
A bystander has ______ to come to the aid of a person in need.
No duty
Standard when making Medical Staff Appointments
Good Faith
Required for a patient to consent.
Sufficient mental capacity
Jack saw a power wheelchair in the hallway that he thought was expensive and wanted to take it for a ride. A couple hours later he thought it was so good, he decided to keep it.
No Crime but he could be liable for a tort
Proving Res Ipsa Loquitur proves this....
Breach
EMTLA is also known as.....
The anti dumping statute
Application; Review; Recommendation to MEC to the board; Evaluation of competency, character, ethics, physical and mental health status.....
What is the medical membership process (Screening)
A patient has a fundamental right to decide whether to permit an emergency procedure.
True or False
False - Non-emergency procedure
Major was a manager at hospital. He was getting off sooner and knew he was going to be late for his date. Inside the hospital store he saw an expensive shaver that he thought would be great to give him that clean shave every girl likes. The price was 20.00 thought and he only had 10.00. Seeing another brand for 10.00 he switched the tags, paid for it and walk out of the store.
What is False Pretenses
What is an injury
250 Yards
Health Care Quality Improvement Act of 1986 applies to Peer Review and _____
Discipline
Proposed Treatment, risks, benefits, alternative treatments....
What are requirements for informed consent
Jack and Jill were having lunch in the cafeteria. Jack excused himself to the bathroom. He mistakenly left his wallet on the table. Seeing the loot inside, Jill decided to steal it and put it in her purse. Five minutes later, thinking someone might have saw her, she put it back.
Larceny
Forseeable….
What is Proximate Cause
Case where a patient came in with a stab wound and the hospital cleaned the patient and transferred to a charitable hospital and through the delay patient died.
Jones v. City of New York
The party has the burden of proof to show action or recommendation is reasonable and warranted after employed.
Peer review body
specific surgery or diagnostic procedures
procedures that require a special consent form
Embezzlement