accident attorney Medical Malpractice 1 — Questions and Answers
Question 1: In a medical malpractice case, the 'standard of care' refers to what?
- The highest level of care that any physician in the country could provide
- The level of care a reasonably competent healthcare provider in the same specialty would provide under similar circumstances (Correct answer)
- The care outlined in a patient's health insurance policy
- The minimum care required by state medical licensing boards
Correct answer: The level of care a reasonably competent healthcare provider in the same specialty would provide under similar circumstances
The standard of care is what a reasonably competent provider in the same specialty would do under similar circumstances, not the absolute best possible care.
Question 2: To establish a medical malpractice claim, a plaintiff must prove all of the following EXCEPT:
- The defendant owed a duty of care to the plaintiff
- The defendant breached the standard of care
- The plaintiff suffered actual damages
- The defendant intended to harm the plaintiff (Correct answer)
Correct answer: The defendant intended to harm the plaintiff
Medical malpractice is a negligence-based claim; intent to harm is not an element — only that the provider breached the standard of care and that breach caused damages.
Question 3: The doctrine of 'res ipsa loquitur' is most applicable in medical malpractice when:
- The defendant refuses to produce medical records during discovery
- The injury is of a type that would not ordinarily occur without negligence, such as a surgical instrument left inside a patient (Correct answer)
- The plaintiff cannot afford a qualified expert witness
- The treatment performed was experimental or unapproved
Correct answer: The injury is of a type that would not ordinarily occur without negligence, such as a surgical instrument left inside a patient
Res ipsa loquitur applies when the nature of the injury — such as a retained foreign object — makes negligence self-evident without requiring detailed expert proof of what went wrong.
Question 4: In most U.S. jurisdictions, medical malpractice plaintiffs are required to present expert testimony primarily to:
- Establish the amount of economic damages only
- Establish the standard of care and demonstrate how the defendant deviated from it (Correct answer)
- Prove the defendant's intent to harm the patient
- Show the defendant's prior disciplinary history with the medical board
Correct answer: Establish the standard of care and demonstrate how the defendant deviated from it
Expert testimony is required because jurors lack medical expertise; the expert must explain what the applicable standard of care was and how the defendant's conduct fell below it.
Question 5: The 'discovery rule' in medical malpractice statutes of limitations provides that:
- The plaintiff must file suit within one year of the malpractice regardless of when it was discovered
- The statute of limitations begins to run when the plaintiff discovers, or reasonably should have discovered, the injury and its cause (Correct answer)
- The defendant must disclose all records within 30 days after a lawsuit is filed
- The plaintiff may seek discovery of medical records before filing a complaint
Correct answer: The statute of limitations begins to run when the plaintiff discovers, or reasonably should have discovered, the injury and its cause
The discovery rule tolls the statute of limitations until the plaintiff discovers — or should have discovered — both the injury and that it may have been caused by negligence.
Question 6: A physician's failure to obtain 'informed consent' before a procedure may support a malpractice claim because:
- The patient has an absolute right to refuse any treatment whatsoever
- Patients must be told of material risks so they can make an autonomous decision, and failure to disclose a material risk can be actionable (Correct answer)
- The consent form itself creates a binding contract between the doctor and patient
- Informed consent is only required for experimental procedures
Correct 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
Informed consent requires disclosure of material risks, benefits, and alternatives; failure to disclose a risk that a reasonable patient would consider significant when deciding whether to proceed can support a malpractice claim.
Question 7: In a medical malpractice case, 'special damages' (economic damages) typically include:
- Pain and suffering and emotional distress compensation
- Past and future medical expenses, lost wages, and rehabilitation costs (Correct answer)
- Punitive damages for egregious or reckless conduct
- Compensation for loss of consortium only
Correct answer: Past and future medical expenses, lost wages, and rehabilitation costs
Special damages are quantifiable economic losses — medical bills, future care costs, and lost income — as opposed to non-economic damages such as pain and suffering.
accident attorney Medical Malpractice 1
In a medical malpractice case, the 'standard of care' refers to what?