accident attorney Medical Malpractice

Question 1

In a medical malpractice case, the 'standard of care' refers to what?

Accepted Answer

The level of care a reasonably competent healthcare provider in the same specialty would provide under similar circumstances

Answer

The highest level of care that any physician in the country could provide

Answer

The care outlined in a patient's health insurance policy

Answer

The minimum care required by state medical licensing boards

Question 2

To establish a medical malpractice claim, a plaintiff must prove all of the following EXCEPT:

Accepted Answer

The defendant intended to harm the plaintiff

Answer

The defendant owed a duty of care to the plaintiff

Answer

The defendant breached the standard of care

Answer

The plaintiff suffered actual damages

Question 3

The doctrine of 'res ipsa loquitur' is most applicable in medical malpractice when:

Accepted Answer

The injury is of a type that would not ordinarily occur without negligence, such as a surgical instrument left inside a patient

Answer

The defendant refuses to produce medical records during discovery

Answer

The plaintiff cannot afford a qualified expert witness

Answer

The treatment performed was experimental or unapproved

Question 4

In most U.S. jurisdictions, medical malpractice plaintiffs are required to present expert testimony primarily to:

Accepted Answer

Establish the standard of care and demonstrate how the defendant deviated from it

Answer

Establish the amount of economic damages only

Answer

Prove the defendant's intent to harm the patient

Answer

Show the defendant's prior disciplinary history with the medical board

Question 5

The 'discovery rule' in medical malpractice statutes of limitations provides that:

Accepted Answer

The statute of limitations begins to run when the plaintiff discovers, or reasonably should have discovered, the injury and its cause

Answer

The plaintiff must file suit within one year of the malpractice regardless of when it was discovered

Answer

The defendant must disclose all records within 30 days after a lawsuit is filed

Answer

The plaintiff may seek discovery of medical records before filing a complaint

Question 6

A physician's failure to obtain 'informed consent' before a procedure may support a malpractice claim because:

Accepted Answer

Patients must be told of material risks so they can make an autonomous decision, and failure to disclose a material risk can be actionable

Answer

The patient has an absolute right to refuse any treatment whatsoever

Answer

The consent form itself creates a binding contract between the doctor and patient

Answer

Informed consent is only required for experimental procedures

Question 7

In a medical malpractice case, 'special damages' (economic damages) typically include:

Accepted Answer

Past and future medical expenses, lost wages, and rehabilitation costs

Answer

Pain and suffering and emotional distress compensation

Answer

Punitive damages for egregious or reckless conduct

Answer

Compensation for loss of consortium only