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:
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
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:
one whose education, profession, or specialized experience qualifies him or her with superior knowledge of a subject
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
that which, in any natural and continuous sequence, unbroken by any intervening cause, produces injury
communicating with someone using body language
conforming to professionally proper behavior
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
apt to start a suit or to be the object of a suit
a penalty imposed for violating a law or accepted procedure
a review by persons with similar professional qualifications
a book officially listing medical drugs along with information about their preparation ad use; a stock of drugs in a pharmacy
pertaining to human social behavior
exhaustion from overwork
statue of limitations
the law setting a time limit withing which one person can sue another
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
assumption of risk
voluntary acceptance of known danger
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
a contract binding a company to compensate someone for proven damages or injury caused by the party who has paid permuims in the contract
a torn making a manufacturer liable for compensation to anyone using it's product if damages or injuries occur from defects in that product
defective performance of a product
a malfunction easily discovered upon examination of a product
a defect not apparent by reasonable inspection
one who buys products and services
a person who enters properly for business as a result of express or implied invitation
a person who enters property with implied permission of the owner
someone who enters a property illegally
acceptable degree of care under certain circumstances
responding to an incident in a predetermined manner
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.
one who gives oneself their own law
free choice of one's own acts without external compulsion
elements of a contract
one who reviews a case to see if it should go to court.
engaged in a specified activity as one's main paid occupation rather than as a pastime
a temproary suspension of the statute while the defendant is absent from the jurisdiction or while the plaintiff is a minor.
.an unforeseen combination of circumstances or the resulting state that calls for
1) statute of limitations,
2) contributory negligence,
3) comparative negligence,
4) assumption of risk,
The five defenses available to a defendant in a medical malpractice cause of action are tolling of the