Basic Elements in Malpractice

Question 1

refers to the behavior of a practitioner in relation to the practice of his profession

Answer 1

Unprofessional conduct

Question 2

includes intellectual and moral deficiency involving a behavioral manifestation not too complimentary to a practitioner as a professional and as an individual

Answer 2

Dishonorable Conduct

Question 3

• Is a legislative catchall ground to include a broad spectrum of reprehensible acts of a professional

whether or not connected with the practice of his profession,

such acts which are contrary to the existing norms or conduct repulsive to the moral standards of society.

Answer 3

Immoral or Dishonorable Act

Question 4

indicates a deficiency of perception or when the wrongful act may be avoided by paying proper attention and using due diligence in pursuing them

Answer 4

Negligence

Question 5

The violator is aware of intelligent measures, steps or procedures necessary to protect the safety of health and property

but does not employ such safety precautions, and is
not diligent in foreseeing them.

Answer 5

Gross Negligence

Question 6

is the want or absence of knowledge or lack of information.

Answer 6

Ignorance

Question 7

• Lack of ability
• Lack of fitness
• Lack of adequate expertise to discharge a required duty or specific act

Answer 7

Incompetence

Question 8

• “Professional Negligence”
• Failure in the exercise of a reasonable degree of skill and care on the part of the
practitioner in his treatment of the patient.

Answer 8

Malpractice

Question 9

4 D’s of Malpractice:

Answer 9

1. Duty – to his patients
2. Dereliction – failed to perform his duty to his patient
3. Damage – consequence of failure. Patient suffers injury or damage
4. Direct – the negligence of the practitioner is the direct cause of damage or injury
   suffered by the patient.

Question 10

Elements of Malpractice:

Answer 10

1. The practitioner has a duty to his patient
2. The practitioner failed to perform such duty to his patient
3. As a consequence of the failure, injury was sustained by the patient
4. The failure of the practitioner to perform his duty is the proximate cause of injury sustained by the patient.

Question 11

It consist in voluntary, without malice, doing or failing to do an act from which
damage results by reason of inexcusable lack of precaution on the part of the person
performing or failing to perform such act,

taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding
persons, time and place.

Answer 11

Reckless Imprudence

Question 12

It consists of the lack of precaution displayed in those cases in which the damage
impending to be caused is not immediate nor the danger clearly manifest.

Answer 12

Simple Imprudence

Question 13

A public and malicious imputation of a crime, or of a vice or defect, real or imaginary,

or any act, omission, condition, status, or circumstance tendering to cause the dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of the dead

Answer 13

Defamation

Question 14

▪ It is committed by means of writing, printing, lithography, engraving, radio, photograph, painting, theatrical exhibition cinematograph exhibition etc..

Answer 14

LIBEL

Question 15

An Oral defamation:

Answer 15

Slander