Deck 9: Malpractice

Question 1

Specialists are typically held to a national standard of care in their field of expertise.

Answer 1

True

Question 2

A professional may be found negligent for failing to refer a client to a specialist.

Answer 2

True

Question 3

In determining what must be disclosed to a patient, some courts consider the expectations and needs of a reasonable layperson rather than the practices of a reasonably careful practitioner under similar circumstances.

Answer 3

True

Question 4

Professionals who resort to unorthodox procedures are more likely to be found negligent than professionals who rely on more conventional techniques.

Question 5

Because of the between a professional and a client, which is based on trust and confidence, the professional has an obligation to reveal all relevant facts to the client.

Question 6

A plaintiff alleging lack of consent may sue on the basis of either battery or negligence.

Question 7

Litigators are the least likely to be sued for malpractice.

Question 8

The duty to warn a patient of risks increases as the probability or severity of the risks increases.

Question 9

Professionals are required to meet national standards of care.

Question 10

Even if a risk is highly improbable and the consequence of the risk is relatively minor, a physician is obligated to advise a patient about the risk.

Question 11

Specialists are held to the same standard of care as generalists.

Question 12

The typical lawyer of today generally has no more than one malpractice claim filed against him or her during his or her career.

Question 13

A physician is never obligated to advise a patient about alternative treatments.

Question 14

Under the doctrine, a physician has an obligation to warn a patient of any risks if they are risks.

Question 15

An unfavorable outcome does not necessarily equate with negligence.

Question 16

Professionals can reduce the chances of being sued for negligence if they and .

Question 17

Only 10 percent of malpractice claims result in an insurance claim.

Question 18

The fact that other professionals would have chosen a different course of action than the defendant professional did is indicative of professional negligence.

Question 19

If an outcome is an unpredictable consequence of the professional's conduct, the plaintiff will not be able to recover.

Question 20

Plaintiffs in professional negligence cases are required to prove the standard of care by using experts that use the same practices that the defendant does.

Question 21

What are two defenses a professional might raise to a malpractice claim?

Question 22

How does the standard of care of a neurosurgeon differ from the standard of care of a general practitioner?

Question 23

Name three general ways in which an attorney might be found professionally negligent.

Question 24

Why should an attorney always maintain adequate records for every client he or she deals with?

Question 25

The greatest number of errors committed by litigators are administrative errors.

Question 26

What are two things a physician is obligated to tell a patient under the informed consent doctrine?

Question 27

What level of skill is an attorney expected to exhibit?

Question 28

Why might a patient sue on the basis of battery rather than negligence?