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Does the cap on noneconomic damage depend on the
number of defendants or claimants? - Answer-No
What is "proportional responsibility"? - Answer-Percentage
of liability apportioned according to percentage of fault
Can the claimant have part of the proportional
responsibility? - Answer-Yes
If the claimant's proportionate responsibility is more than
what %, he/she may not recover damages? - Answer-If >
50%, no damages awarded
How long is the statute of limitations for adults? For
minors? - Answer-2 years; for minors 2 years after
becoming 18 years of age
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By how much can the statute of limitations be extended
and how? - Answer-File complaint—extra 60-day, notice
letter extends statute by 75 days
What is the statute of limitations for wrongful death? -
Answer-2 years
What is the discovery rule? Give examples. - Answer-
Statute does not begin until damage is discovered. For
example, a retained sponge that is found 3 years post-op
Is there immunity from civil action in emergency cases? -
Answer-Yes, except gross negligence
Is there immunity from civil action in volunteer care? -
Answer-Yes, except gross negligence
When can a physician be charged with "assault and
battery"? - Answer-Un-consented surgery or examination
or when exceeding the scope of the consent
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When can a physician be charged with patient
abandonment? - Answer-Unilateral cessation of treatment
when continued treatment is necessary
What is "strict liability"? - Answer-Liability that does not
depend on actual negligence, but that is based on a
breach of a duty to make something safe. This often
applies to product liability
Are hospitals liable for the actions of a physician? -
Answer-No, unless the hospital employs the physician
Who determines in a criminal case if the medical records
of a patient should be released? - Answer-Judge by
inspection
How many days do you have to release medical records to
an attorney? - Answer-45 days
Can a patient successfully sue a doctor if there is no
physician-patient relationship? - Answer-No
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If there is no prior physician-patient relationship, are you
legally obliged to respond to a call from a patient for
treatment? - Answer-No
Does being on call give rise to a physician-patient
relationship? - Answer-No
How can one terminate a physician-patient relationship,
without abandonment if there is ongoing treatment? -
Answer-30 days written notice; must provide for
emergency
Does a physician's duty extend to the unborn child or
potential victims of an ill patient? - Answer-Yes
What is "proximate cause"? - Answer-Prove that
negligence caused harm and that the cause was not too
remote; what is required to hold a defendant liable in a
civil lawsuit
What are the two components of proximate cause? -
Answer-Cause-in-fact (but-for test) and foreseeability