CHAPTER 6 QUESTIONS WITH 100%
CORRECT ANSWERS { GRADED A+}
Tort Law - ✔✔is a wrong, other than a breach of contract, committed against a
person or property for which a court provides a remedy, generally in the form of
monetary damages.
Objectives of Tort Law - ✔✔1. Preserve peace (b/w the parties by finding
retaliation)
2. culpability (finding the fault of the wrongdoing)
3. deterrence (discourage wrongdoer to prevent future wrong doing)
4. Compensation (make-up for the injured party)
Negligence - ✔✔commission or omission of an act that a reasonably prudent
person would or would not do under given circumstances
,Commission of an Act - ✔✔wrongful DOING; giving wrong meds.
omission of an act - ✔✔FAILING to do something; failing to give the meds.
malpractice - ✔✔negligence of a professional person:
surgeon who conducts surgery on the wrong body part
nurse who administers wrong medication injuring patient
pharmacist who mislabels a medication and the patient is harmed
Forms of Negligence - ✔✔1. Malfeasance
2. Misfeasance
3. Nonfeasance
malfeasance - ✔✔execution of an unlawful or improper act:
- performing a partial birth abortion when prohibited by law
- performing a procedure without having the appropriate credentials.
, Misfeasance - ✔✔improper performance of an act:
- wrong-sided surgery
- leaving an instrument in the patient's body
nonfeasance - ✔✔failure to act when there is a duty to act:
- failure to prescribe antibiotics when indicated
- failure to respond to emergency call
Four Elements of Negligence - ✔✔1: Duty to care
2. Breach of duty
3. Injury
4. Causation
Duty to Care - ✔✔legal obligation of care imposed on one to safeguard rights of
others
duty created by statute law - ✔✔- defendant must have been within specified class
of persons outlined in the statute.
- plaintiff must have been injured in a way statute was designed to prevent