Discussion: Example of an affirmative defense

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· Weight: 9% of course grade

· Due: Tuesday, 09/28/2021 11:59 PM (CST)

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QUESTION 1

1. The legal doctrine under which the employer may be held responsible for the torts of the employee is called:

caveat emptor.

respondeat superior.

res ipsa.

amicus curiae.

4 points

QUESTION 2

1. Patients may sue for all of the following reasons, except:

failure to follow safety procedures.

positive surgical outcome.

error in diagnosis.

lack of informed consent.

4 points

QUESTION 3

1. What is an example of an affirmative defense?

Denial

Statute of limitations

Assumption of the risk

Res judicata

4 points

QUESTION 4

1. When faced with a civil case, which of the following techniques can be employed to avoid a long, drawn out court battle?

Alternative dispute resolution

Not responding to court summons and complaints

Fail to attend scheduled court hearings

Call and harass the medical billing office staff

4 points

QUESTION 5

1. Employers have general liability for all the following, except:

automobiles used by their employees for work purposes.

employee safety and the work environment.

employees’ personal social media accounts.

the building and grounds occupied by employees.

4 points

QUESTION 6

1. Which of the following is not one of the 4 C’s of malpractice prevention?

Competence

Communication

Charting

Confidence

4 points

QUESTION 7

1. This organization publishes patient safety goals for hospitals.

Centers for Medicare and Medicaid Services

The Joint Commission

Commission on Accreditation

National Academy of Medicine

4 points

QUESTION 8

1. What is the term used when a patient’s record is requested as evidence in a court hearing?

Subpoena ad testificandum

Witness subpoena

Subpoena duces tecum

Subpoena genaralum

4 points

QUESTION 9

1. Technical defenses are based on:

legal technicalities.

physical technicalities.

visual technicalities.

written technicalities.

4 points

QUESTION 10

1. What is the most common unintentional tort found at the root of most medical malpractice cases?

Trespass

Battery

Assault

Negligence

4 points

QUESTION 11

1. Discuss the phases of a typical malpractice or negligence lawsuit. Your response must be at least 200 words in length.

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10pt

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30 points

QUESTION 12

1. Discuss the five different types of professional liability insurance and the situations they cover. Your response must be at least 200 words in length.

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30 points

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