What is the most common legal theory for liability?
Negligence is the most common legal theory for enforcing liability on healthcare givers. Four elements are involved in proving negligence (Steiner, 2014). They include a duty which entails what should have been done, violation of duty involving nonconformity with what should have been done, injury and lawful action.
What is the concept that means “speaks for itself” and does not require proof of the four elements of negligence?
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Someone must make a claim. In case a healthcare provider witnesses or contemplates that an incident has occurred, the risk manager for the healthcare facility should be immediately informed. As a result, suitable measures can be considered to address the incident (Steiner, 2014).
What is the concept that describes how some courts limit the standard of care to the care in the same or similar communities?
Normally, there is no common standard of care for people to get to the rescue of others, some other obligation. For instance, no one is lawfully indebted to come to the rescue of a heart attack patient except if they are the individual’s dependent, the person influenced the heart attack, the person operates the properties where the attack happened, or the individual has a prescribed duty to come to the patient’s rescue(Steiner, 2014).
Which of the following is generally true regarding responsibility for liability payment?
Hospitals are not liable for negligent acts causing injury to non-patients.
Which of the following is (are) not a necessary element to prove negligence?
Written standards
Which of the following is a hospital’s duty?
Transfer a patient to an alternative provider if the needed equipment is not available at the hospital.
Which of the following is (are) not an acceptable sources of information to determine the standard of care?
All of the above.
Which of the following is (are) not a compensable injury?
All are compensable injuries.
Which of the following would be an example(s) of Res Ipsa Loquitur?
Scar on a patient’s face occurring during knee surgery.
Which of the following is (are) an example of an intentional tort?
Battery and causing emotional injury.
Which of the following is (are) not an example of a major defense to liability suits?
Exceeding the statute of limitations.
In the 1993 Georgia case, why the hospital was not found liable when its employee gave lethal injections to five patients?
The nurse was pursuing her own objectives.
Which of the following would pose the least tort liability exposure for a nurse?
A nurse accommodates a physician’s request not to be contacted during the evening indicating that the patient is fine, although the nurse believes that the patient urgently needs new orders (Steiner, 2014).
Which of the following is (are) not an example of tort liability for radiology?
All of the above are examples.
Which of the following is (are) not an example of tort liability for a supervisor?
Assigns a nurse a task within her licensed scope of practice, but for which she has not had training (Steiner, 2014).
True or False? It is important to monitor changes in procedures and outcomes of tort cases over time as they frequently change.
True.
17. True or False? Generally, there is a common law duty of clinicians to come to the rescue of a person in imminent medical danger, even if the clinician is not on the job at the time.
False.
18. True or False? Some courts limit the standard of care to the prevailing standards in the same or similar communities.
True.
19. True or False? Courts may not impose standards that are more stringent than the general practice among physicians and hospitals in the particular community.
False.
20. True or False? In a Maryland case, a hospital was found liable when it failed to comply with a regulation requiring segregation of sterile and non-sterile needles.
True.
21. True or False? Hospitals are generally liable for failures of drugs that are dispensed to patients in their care.
True.
22. True or False? Hospitals generally are liable for inadequate precautions in the selection and supervision of their employees.
True.
23. True or False? Government hospitals are usually protected by sovereign immunity and cannot be sued unless immunity is waived.
True.
References
Steiner, J. E. (2014). Problems in health care law: Challenges for the 21st century (10th Ed.) . Burlington: Jones & Bartlett Learning.
