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1) the accident would not have occurred if reasonable care had been used.
2) the defendant had exclusive control over the cause of the injury
3) the plaintiff did not contribute to the occurrence of the accident
Res ipsa loquitur requires 3 conditions:
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1) there was a RELATIONSHIP between the physician and the patient.
2) the relationship established DUTY to the patient
3) the duty had been up held at a PROFESSIONAL STANDARD OF CARE
4) the physician BREACHED the duty
5) the patient had a resulting INJURY
6) the physician's breach was the PROXIMAL cause of the injury.
6 requirements for medical malpractice
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1)the patient consulted in the physician for medical advice.
2) the elements of a contract were met:
offer, acceptance, consideration, and mutual assent
the relationship between the physician and the patient is established by contract. It must show that 2 things exist:
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expert witness
one whose education, profession, or specialized experience qualifies him or her with superior knowledge of a subject
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res ipsa loquitur ("the things speaks for itself")
evidence showing that negligence by the accused person may be reasonably inferred from the nature of the injury occurring to the plaintiff
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proximate cause
that which, in any natural and continuous sequence, unbroken by any intervening cause, produces injury
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nonverbal communication
communicating with someone using body language
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ethical
conforming to professionally proper behavior
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defensive medicine
a practice by someone physicians of ordering every battery of medical tests and procedures known to search out a definite diagnosis so as not to be accused of failing to practice zealously
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suit-prone
apt to start a suit or to be the object of a suit
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sanction
a penalty imposed for violating a law or accepted procedure
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peer review
a review by persons with similar professional qualifications
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pharmacopoeia
a book officially listing medical drugs along with information about their preparation ad use; a stock of drugs in a pharmacy
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sociological
pertaining to human social behavior
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burnout
exhaustion from overwork
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statue of limitations
the law setting a time limit withing which one person can sue another
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contributory negligence
conduct by a plaintiff that is below the standard to which he or she is legally required to conform for his or her own protection
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assumption of risk
voluntary acceptance of known danger
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grossly negligent
failing intentionally to perform a necessary duty in extraordinary disregard of the consequences to the person neglected, particularly if it can be proven that there is more than a 50% chance the negligence caused an injury
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insurance
a contract binding a company to compensate someone for proven damages or injury caused by the party who has paid permuims in the contract
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product liability
a torn making a manufacturer liable for compensation to anyone using it's product if damages or injuries occur from defects in that product
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malfunction
defective performance of a product
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patient defect
a malfunction easily discovered upon examination of a product
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latent defect
a defect not apparent by reasonable inspection
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consumer
one who buys products and services
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invitee
a person who enters properly for business as a result of express or implied invitation
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licensee
a person who enters property with implied permission of the owner
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trespasser
someone who enters a property illegally
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reasonable care
acceptable degree of care under certain circumstances
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affirmative duty
responding to an incident in a predetermined manner
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capitation
a flat periodic payment to a health care provider pain on a per-person basis in exchange for all the services the beneficiary may need.
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autonomy
one who gives oneself their own law
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self-determination
free choice of one's own acts without external compulsion
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-offer
-acceptance
-consideration
-mutual assent
elements of a contract
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tribunal
one who reviews a case to see if it should go to court.
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professional
engaged in a specified activity as one's main paid occupation rather than as a pastime
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tolling
a temproary suspension of the statute while the defendant is absent from the jurisdiction or while the plaintiff is a minor.
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Emergency
- .an unforeseen combination of circumstances or the resulting state that calls for
- immediate action
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1) statute of limitations,
2) contributory negligence,
3) comparative negligence,
4) assumption of risk,
5)emergency
The five defenses available to a defendant in a medical malpractice cause of action are tolling of the
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