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Chapter 2 Multiple choice questions
Return to Medical Law Concentrate 4e Student Resources
Chapter 2 Multiple choice questions
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In a case of medical negligence a claimant can succeed only if it is established on the balance of probabilities:
That the doctor breached the duty of care owed to the patient
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That the breach caused legally recognised injury to the patient
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That the doctor owed a duty of care to the patient
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All the above
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The standard of care in cases of medical negligence is measured against:
The most recent medical research evidence available
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What is expected of a reasonable doctor
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What the majority of doctors would recommend
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The standard of experts in the field
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The principle that was established in the case of
Bolitho
is that the standard of care (that the doctor relies on) should be:
The same as that of his immediate colleagues
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Pre-set by the court independently
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By reference to the latest publications in medical journals
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Capable of withstanding scrutiny through a process of logical analysis
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A duty of care between a doctor and patient will exist if:
The doctor is a city GP and the patient resides in that city
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Between the doctor and parent where the patient is an infant
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Provided that, on the facts, the
Caparo
test is not satisfied
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If it is fair, just and reasonable to impose a duty in the circumstances
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In rescue, or 'good Samaritan' situations:
A duty of care will never arise
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A duty of care will always arise
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A duty of care will arise only if that patient is known to the doctor
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Doctors who fail to offer to offer care in emergency situations could face disciplinary action from the General Medical Council
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The "but for" test means that:
"But for" the negligence the claimant would have suffered the injuries or harm in question
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"But for" the negligence the claimant would not have suffered the injuries or harm in question
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"But for" the negligence the claimant might have suffered the injuries or harm in question
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"But for" the negligence the claimant could have suffered the injuries or harm in question
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In the case of
Bailey
which principle was used by the court in finding in favour of the claimant?
Loss of a chance
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Failure to warn of a risk
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Material contribution to causation
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All the above
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Chester v Afshar is authority for::
Is another form of 'but for' liability
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Was about negligently performed spinal surgery
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Is about negligent failure of a risk to warn
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Is no longer good law
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Which of the following is true about vicarious liability?
An employer can be held liable for the negligence of its employees during the course of their employment
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An employee must have been in employment for a least one year
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The negligence must have been of a very serious nature
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All of the above
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What is criminal negligence?
The death of a patient caused by a doctor's grossly negligent act or omission
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The death of a patient during an operative procedure
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The death of a patient that requires reporting to the coroner
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Any criminal act done by a doctor against a patient
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