Negligence Basics
Legal responsibility to conform to a standard of care.
What is duty?
Standard of care is generally measured against this type of professional
What is a reasonably prudent provider?
A defense where both plaintiff and defendant share fault
Hospitals must screen and stabilize patients under this federal law
What is EMTALA?
The "but for" test addresses this element.
What is actual cause?
Failure to meet the standard of care
What is a breach of duty?
Guidelines and/or expert testimony are often used to establish this
What is the standard of care?
A complete defense in a few states, barring recovery if plaintiff is even 1% at fault
What is contributory negligence?
Liability when an institution negligently hires or supervises staff
What is corporate negligence?
Legal responsibility limited to foreseeable harm
What is proximate cause?
The link between breach of duty and harm
What is causation?
When customary practice alone isn't enough to define due care
What is the T.J. Hooper principle?
When a patient knowingly assumes a known risk
Doctrine holding a facility responsible for credentialing failures
What is negligent credentialing?
Damages awarded to punish egregious harm
What are punitive damages?
Actual harm or loss suffered by plaintiff
What are damages?
Providers must sometimes exceed local practice if this is higher
What is the national standard of care?
Time limit to file a negligence lawsuit
What is a statute of limitations?
When a hospital is held liable for policies or systemic issues
What is direct institutional liability?
Compensation for intangible losses like pain or emotional harm
What are non-economic damages?
Duty, breach, causation, and damages must be proven to establish this
What is negligence?
Standards that apply even without expert testimony when errors are obvious. (The thing speaks for itself!)
What is res ipsa loquitur?
Protection for volunteers acting in good faith in emergencies
What are Good Samaritan laws?
A landmark case establishing hospital corporate liability
What is Darling v. Charleston Community Memorial Hospital?