Question

HHP 4600 Law and Public’s Health

Module 6 Power Point questions on Torts, Liability, Negligence, and Malpractice

1. What is a tort?

2. What is negligence?

3. What four requirements must a plaintiff prove to recover an award for negligence?

4. What is a legal duty? Give an example where there has been a legal duty by a health professional or organization, and one where there is no legal duty.

5. How does the Good Samaritan concept protect a physician or nurse from malpractice?

6. State the entire phrase “…more probable than not…but for” phrase.

7. In what two ways might a defendant avoid liability even if the other criteria for negligence are demonstrated?

8. What is it called when all or part of the damages may have been caused by the behavior or action of the plaintiff?

9. What is vicarious liability in regards to employer-employee relationships?

10. What reasoning supports vicarious liability?

11. How do an employee and independent contractor differ? Why is this difference important to an employer? To a plaintiff filing a lawsuit for damages?

12. What did EMTALA of 1986 require of hospitals?

13. In 2003 how did DHHS clarify compliance with EMTALA?

14. What is meant by “deep pockets” in regard to lawsuits? Why do attorneys want to know who has “deep pockets”?

7/10/20