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Related Flashcards
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Cards In This Set
| Front | Back |
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What are the 4 elements of Negligence?
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1. Duty
2. Breach 3. Causation 4. Damages |
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What are some ways of proving Breach?
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1. Balance Approach
2. Direct Evidence 3. Circumstantial Evidence 4. Res ipsa loquitur 5. Contravening Custom 6. Violation of statute (negligence per se) |
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What are some exceptions to the "but for" cause?
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1. Loss of Chance
2. Substantial Factor 3. Alternative Liability (shifting burden of proof) 4. Market share Liability |
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What is Hand's Formula?
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B<PL
B = Burden P = Probability of Risk of Injury L = Gravity of Injury if it happens Probability and Gravity have to be higher then Burden |
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What is the standard of care in Negligence?
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That of a reasonable prudent person
Objective Standard Have to have knowledge (Actual/Constructive) |
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True or False
Custom is prima facie evidence of the standard of care. |
True.
But not conclusive |
|
True or False
Is custom conclusive in medical negligence cases. |
True.
With expert testimony |
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What factors ARE taken into account when determining standard of care of a reasonable person?
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1. Disability - reasonable prudent blind person
2. Superior knowledge - race car driver 3. Emergency 4. Children - child's age, intelligence, and experience 5. Professional - doctor, lawyer |
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What factors ARE NOT taken into account when determining standard of care of a reasonable person?
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1. Mental Illness
2. Inferior Knowledge 3. Children engaging in dangerous activities |
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Expert testimony is usually required to prove ______.
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1. standard of medical care
2. breach of standard of care 3. breach caused injury |
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What are the two standards of informed consent?
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Professional Standard of Care - what a reasoanble physician would have told the patient under similar cicumstances.
Patient-Focused SOC - what "material" information a reasonable patient would want to know |
