accident attorney Medical Malpractice 3

Question 1

In birth-injury malpractice, a 'wrongful birth' claim differs from a 'wrongful life' claim in that:

Accepted Answer

Wrongful birth is a parental claim for costs arising from being denied the chance to avoid or terminate a pregnancy, while wrongful life is the child's claim that non-existence would have been preferable

Answer

Wrongful birth is brought by the child while wrongful life is brought by the parents

Answer

Wrongful birth claims are not recognized in any U.S. jurisdiction

Answer

Both claims seek identical categories of damages and are treated the same by courts

Question 2

The 'borrowed servant' doctrine in hospital malpractice may apply when:

Accepted Answer

A hospital employee is placed under the direction and control of an independent physician during a procedure, potentially shifting liability to that physician

Answer

A hospital borrows diagnostic equipment from another facility for a procedure

Answer

A traveling nurse employed by a staffing agency is placed at the hospital temporarily

Answer

An on-call physician responds to an emergency at a hospital where they are not employed

Question 3

The doctrine of 'ostensible agency' (apparent agency) may make a hospital liable for an independent contractor physician's malpractice when:

Accepted Answer

The patient reasonably believed the physician was the hospital's employee based on the hospital's representations or overall conduct

Answer

The physician uses the hospital's facilities and equipment during the procedure

Answer

The independent contractor physician holds board certification in their specialty

Answer

The independent contractor carries their own separate malpractice insurance policy

Question 4

Which of the following best describes 'wrong-site surgery' in the context of surgical malpractice?

Accepted Answer

Performing an operation on the wrong body part, the wrong patient, or the wrong procedure entirely

Answer

Using the wrong type or gauge of suture material during wound closure

Answer

Failing to obtain informed consent before a routine elective surgery

Answer

Administering an incorrect dosage of anesthesia during the procedure

Question 5

When a patient is harmed by a medication error, which parties may potentially be liable for malpractice?

Accepted Answer

Potentially the prescribing physician, dispensing pharmacist, or administering nurse, depending on where in the process the error occurred

Answer

Only the prescribing physician who ordered the medication

Answer

Only the dispensing pharmacist who filled the prescription

Answer

Only the drug manufacturer who produced the medication

Question 6

Establishing 'proximate cause' in a medical malpractice case means the plaintiff must show that the defendant's breach:

Accepted Answer

Produced a foreseeable type of harm that was not interrupted by an independent intervening cause breaking the causal chain

Answer

Occurred within the same hospital where the defendant was employed at the time

Answer

Was documented by the defendant before the injury manifested

Answer

Was confirmed by testimony from multiple independent expert witnesses

Question 7

In a state applying 'pure comparative fault' to medical malpractice, a plaintiff found 20% at fault for their own injuries would:

Accepted Answer

Have their total damages award reduced by 20%, recovering the remaining 80% from the defendant

Answer

Be completely barred from recovering any damages due to their own contribution

Answer

Only be permitted to recover punitive damages and not compensatory damages

Answer

Automatically lose the right to claim future medical expenses in the case