Chapter 6 Assignment Fill in the Blanks is the same 1. A malpractice. thing as a civil wrong of negligence and refers to the responsibility established by the physician-patient 2. relationship. is the failure to perform a necessary action. 3. is the improper performance of an otherwise proper 4. or lawful act. meaning “the thing speaks for itself,” applies 5. The doctrine of to the law of negligence. 6. The is responsible for explaining the risks of a treatment or procedure. 7. damages refers to a monetary award by a court to a person who especially malicious or willful way has been harmed in an Under the doctrine of 8. or “let the master answer,” the employer is liable for the consequences of the employee’s actions committed in the scope of employment. The process of than a judge who will issue a binding decision after hearing both sides present witnesses and facts or evidence relating to their cases. 9. involves submitting a dispute to a person other 10. means that one has legal responsibility for one’s own actions. Multiple Choice 11 Ignorance of the law means you are not responsible. a. is a valid argument in court. b. c. is not a defense. d. is a valid argument only before a case goes to court ei eri 12. Comparative negligence is unlike contributory negligence. a. b. very similar to contributory negligence in that the plaintiff’s own negligence helped cause the injury. I employer lends an employee to someone else. C. means an d. means one side of the case must demonstrate a greater weight of evidence than the other side. If a patient’s death has been caused by the physician’s negligence, then the patient’s family and heirs 13. sue for murder a. can sue for wrongful death. b. can sue for five years. cannot C. d. can sue for pain and suffering. 14. A person with special knowledge or experience who is allowed to testify facts and professional conclusions is called in court about a plaintiff a. b. a witness. a rider. C. d. an expert witness. Which is NOT one of the “four Ds” of negligence? 15. Duty a. b. Denial Dereliction of duty C. d. Damages 16. slight or token payment to a patient to demonstrate that, while there may not have been any physical harm done, the patient’s legal rights were violated refers to a Nominal damages a. b. Punitive damages Compensatory damages d. Liability damages C. If treatment continues after it has been refused by the patient, the health care could be liable for 17. provider a. assault. b. battery nothing. C. detaining the patient. d. The two basic types of malpractice insurance are 18. a. claims-made insurance and occurrence insurance. b. major and minor. with injury or damage and without injury or damage. c. d. professional and nonprofessional. Is a hospital liable for injury if someone falls on a signs? 19. wet floor despite clearly posted caution a. Yes b. No c. Yes, but only if the individual is handicapped An insurance company may “settle” a case, which means that the company 20. comes to an agreement. a. is admitting guilt. b. c. is dismissing the case with no action.