True/False
Indicate whether the
statement is true or false.
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1.
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An attorney will most likely refuse to take a
malpractice case with damages over $100,000.
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2.
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Once a plaintiff has made a prima facie case, the
burden shifts to the defendant.
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3.
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One of the elements of res ipsa loquitur is that a
defendant must be shown to be more than
50% at fault.
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4.
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After the pleadings are served, the next step is
for the plaintiff to file a demurrer.
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5.
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Attorneys and doctors are the only professionals
who can be sued for malpractice.
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6.
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A hospital is responsible for the negligence of its
independent contractors.
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7.
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Placing caps on the amount of money an injured
plaintiff can collect is an example of tort
reform.
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8.
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Professional liability policies generally do not
cover intentional acts such as fraud.
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9.
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Once an attorney is censured, that attorney is
prohibited from practicing law.
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10.
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If an attorney fails to use best judgment, that in
and of itself is not enough to prove
malpractice.
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Multiple Choice
Identify the
choice that best completes the statement or answers the question.
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11.
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Which of the following might be examples of medical
malpractice?
a. | Lack of informed consent | b. | Failure to diagnose | c. | Abandonment | d. | All of the
above | e. | C and D only |
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12.
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Under res ipsa loquitur, which of the following
statements is true?
a. | The defendant’s negligence is
presumed. | b. | The defendant had exclusive control over the action or
object that injured the plaintiff. | c. | The defendant is
in the better position to prove his or her lack of negligence than the
plaintiff is to prove
negligence. | d. | All of the
above | e. | None of the above |
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13.
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In which type of case would res ipsa loquitur most
commonly be used?
a. | Medical malpractice | b. | Motor vehicle accidents | c. | Slip-and-fall
injuries | d. | All of the above | e. | None of the above |
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14.
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The party bringing an action
a. | has no obligation to prove the
case. | b. | has the burden of proof. | c. | can choose who has the burden of proof. | d. | none of the above. |
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15.
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The burden of proof in a negligence action is
usually proof
a. | to a certain degree. | b. | beyond a reasonable doubt. | c. | with a reasonable degree of doubt. | d. | by a preponderance of the evidence. |
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16.
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When the burden of proof shifts to the defendant,
it is called the burden of
a. | difficulty. | b. | innocence. | c. | persuasion or
rejoinder. | d. | persuasion, and
the burden of doubt. | e. | none of the
above. |
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17.
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Violation of a statute
a. | affects all negligence
actions. | b. | has no effect on negligence
actions. | c. | may have an effect on a negligence action if the injured
was the kind of person the
statute was designed to protect. | d. | means negligence for a defendant. |
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18.
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In most states, violation of a statute
is
a. | negligence per se. | b. | negligence ipsa. | c. | negligence in the
zone of danger. | d. | negligence outside
the zone of danger. |
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19.
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For the most part, medical malpractice cases
are
a. | cheap, quick, and easy to
try. | b. | very costly and require expert
witnesses. | c. | the easiest kind
of case to try. | d. | none of the
above. |
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20.
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Tort reform is an effort by the legislature
to
a. | increase the costs of legal
actions. | b. | make it easier to sue people. | c. | reduce the amount and kinds of rewards people receive in legal
actions. | d. | none of the
above. |
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21.
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A certificate of merit
a. | is the court’s stamp of
approval. | b. | is issued by a panel of three
attorneys. | c. | costs $350 in most
jurisdictions. | d. | is issued by the
judge. | e. | is issued by a medical
physician. |
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22.
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Legal malpractice occurs when a(n)
a. | student fails a test in law
school. | b. | student fails the bar
examination. | c. | attorney falls
below the standard of care required. | d. | attorney uses an
unpopular legal strategy. |
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23.
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The majority of states follow
a. | the Model Rules of Professional
Conduct. | b. | Dillon’s law of
malpractice. | c. | the Statewide
Rules and Procedures for Malpractice. | d. | the same rules of
malpractice that were in place 200 years ago. | e. | none of the
above. |
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24.
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The statute of limitations for bringing a legal
malpractice action is
a. | is one year. | b. | is two years. | c. | is the same for
all jurisdictions. | d. | varies by
jurisdiction. | e. | is the same as for
bringing an intentional tort action. |
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25.
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An attorney must never
a. | give bonuses to employees. | b. | split fees with other attorneys. | c. | keeps the firm’s money separate from the clients’
money. | d. | commingle client funds with law firm
funds. |
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26.
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The attorney/client relationship is
a. | the same as the employer/employee
relationship. | b. | a fiduciary
relationship. | c. | a relationship
that has been disengaged. | d. | none of the
above. |
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27.
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In a malpractice action, the “case within a
case” is
a. | the expert’s opinion. | b. | the original case. | c. | the weaker of the
two cases. | d. | the stronger of
the two cases. | e. | never the
underlying case. |
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28.
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Rosemary wakes up from surgery with a pair of
scissors in her stomach; her attorney most
likely will
a. | decide there was no malpractice because of res ipsa
loquitur. | b. | proceed with her case using the theory of res ipsa
loquitur. | c. | avoid the burden of
persuasion. | d. | refuse to obtain a
certificate of merit or go before a malpractice panel. | e. | none of the above. |
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29.
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Eric and Vivian, who have been engaged for one
year, build a house but refuse to obtain the
necessary building permit before beginning
construction. They don’t want the inspector to
see that they are not following code law and
are using substandard, cheap materials. Two
months later, after the house is sold to Georgia, the
house cracks in the middle, injuring
Georgia and her dog. Georgia’s attorney will have her
strongest argument in claiming which
of the following?
a. | violation of a statute, and negligence per
se | b. | burden of rejoinder | c. | indemnity rules | d. | malpractice | e. | none of the
above |
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30.
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A negligence claim is typically proven
through
a. | oral testimony. | b. | written transcripts of discovery. | c. | photos and videos. | d. | all of the
above. | e. | none of the
above. |
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