Question 1

In which type(s) of cases would res ipsa loquitur most commonly be used?

Accepted Answer

Res ipsa loquitur, a legal doctrine meaning "the thing speaks for itself," is most commonly used in medical malpractice cases to infer negligence when the exact cause of harm is not known but it is clear that the harm typically occurs due to someone's negligence.

Question 2

A hospital cannot be held liable for the negligent acts of a physician hired as an independent contractor, even if the hospital continues to use the independent contractor after learning of his or her negligent services.

Accepted Answer

A hospital can be held liable under certain circumstances, such as if it knew or should have known that an independent contractor was incompetent or posed a risk, and continued to allow them to work in the hospital. This is known as negligent retention.

Question 3

If the defendant can show that at least one of the four elements needed for negligence case is missing, he or she should

Accepted Answer

All of these choices are correct because they are legal motions or pleadings that a defendant can use to challenge the sufficiency of a plaintiff's claim. A demurrer, a motion for summary judgment, and a motion to dismiss can all be used to argue that the plaintiff's case is legally insufficient, including when an essential element of a negligence claim is missing.

Question 4

Which of the following is not typically an issue involved in medical malpractice cases?

Accepted Answer

Employee grievance against a hospital for stressful working conditions is not typically an issue involved in medical malpractice cases. Medical malpractice cases usually involve issues related to the quality of care provided to patients, such as abandonment or record-keeping errors, rather than employment-related grievances.

Question 5

In res ipsa loquitur, the defendant must be in a better position to prove his or her lack of negligence than the plaintiff is to prove the defendant's negligence.

Accepted Answer

Res ipsa loquitur is a legal doctrine that shifts the burden of proof to the defendant, implying that the nature of the accident is such that it would not have occurred without negligence, and the defendant is in a better position to explain the absence of negligence.

Question 6

Burden of proof is sometimes referred to as the prima facie case.

Accepted Answer

The burden of proof and prima facie case are related but distinct legal concepts. The burden of proof refers to the obligation to prove one's assertion, while a prima facie case is the establishment of a legally required rebuttable presumption.

Question 7

Under the doctrine of res ipsa loquitur, the defendant's negligence is presumed as a result of his or her actions.

Accepted Answer

Res ipsa loquitur is a legal doctrine that allows for the presumption of negligence on the part of the defendant, based on the very nature of the accident or injury occurring, which implies that such incidents do not happen without negligence.

Question 8

When a statute is violated and a person is injured, but the violation of the statute did not cause the person's injury, the statute would still have a direct bearing on the negligence action.

Accepted Answer

In negligence actions, the violation of a statute is relevant only if it is a proximate cause of the injury. If the violation did not cause the person's injury, it would not have a direct bearing on the negligence action.

Question 9

One of the issues included in medical malpractice cases is sexual assault against the patient.

Accepted Answer

Sexual assault against a patient can be considered a form of medical malpractice, as it violates the professional and ethical standards expected of healthcare providers.

Question 10

In a negligence case, the plaintiff must prove that all negligence elements existed

Accepted Answer

In a negligence case, the standard of proof required is "by a preponderance of the evidence," meaning the plaintiff must show that it is more likely than not that the defendant was negligent. This is a lower standard of proof than "beyond a reasonable doubt," which is used in criminal cases, or "clear and convincing evidence," which is a higher standard used in some civil cases. "With overwhelming evidence" is not a standard legal term of art for the burden of proof.

Question 11

Which of the following is not an element of res ipsa loquitur?

Accepted Answer

Res ipsa loquitur is a legal doctrine used in tort law that allows the presumption of negligence on the part of the defendant, given certain conditions. The correct elements are: A) the defendant had control over the cause of the injury, B) the injury is such that it typically does not occur in the absence of negligence, and D) the plaintiff did not contribute to their own injury. C) is incorrect because res ipsa loquitur shifts the burden of proof to the defendant to show they were not negligent, rather than focusing on the plaintiff's position to prove their lack of negligence.

Question 12

If a doctor's care of a patient falls below the standard of care owed to the patient but the patient did not suffer any physical or mental harm, the patient would not be able to prove medical malpractice.

Accepted Answer

For a medical malpractice claim to be successful, the patient must prove that the doctor's negligence caused harm or injury. Without harm or injury, there is no basis for a claim, even if the care was substandard.

Question 13

Under the doctrine of res ipsa loquitur, which party has the burden of proof?

Accepted Answer

Under the doctrine of res ipsa loquitur, the burden of proof shifts to the defendant to show that they were not negligent, as the circumstances of the incident imply negligence on their part.

Question 14

Res ipsa loquitur means

Accepted Answer

Res ipsa loquitur is a legal doctrine that means "the thing speaks for itself." It applies in cases where the nature of an accident implies negligence.

Question 15

Affirmative defenses must be alleged or proven by the plaintiff.

Accepted Answer

Affirmative defenses must be alleged or proven by the defendant, as they are reasons why the defendant should not be held liable for the plaintiff's claims.

Question 16

If the events that led to the plaintiff's injury were under the exclusive control of the defendant's employees, res ipsa loquitur does not apply.

Accepted Answer

Res ipsa loquitur specifically applies when the events leading to the injury were under the exclusive control of the defendant or their employees, suggesting negligence may be inferred without direct evidence.

Question 17

Legal malpractice can result when an attorney places his or her own interests before those of the client.

Accepted Answer

Legal malpractice occurs when an attorney fails to competently perform his or her legal duties, and placing their own interests before those of the client is a breach of the duty of loyalty, potentially leading to malpractice.

Question 18

After the plaintiff has made a prima facie case, the defendant must counter with his or her own evidence. This is called the defendant's

Accepted Answer

The answer of After the plaintiff has made a prima...

Question 19

The Hippocratic Oath establishes the basic standards of ethics for

Accepted Answer

The Hippocratic Oath is a foundational document in the field of medicine, setting forth ethical standards for physicians.

Question 20

When proof that a statute has been violated is sufficient to show that there is negligence, this is considered

Accepted Answer

Negligence per se is a legal doctrine whereby an act is considered negligent because it violates a statute or regulation. This means that if an individual violates a specific law and that violation leads to someone else's harm, the act of violating the law is automatically considered negligent, without needing to prove the usual elements of negligence.

Quiz 3: Proving Breach of Duty Medical and Legal Malpractice