Class.Lecture-3.30

Question 1

When a civil citizen sue another citizen is?

Answer 1

civil lawsuit

Question 2

when state or federal government brings a charge against someone is?

Answer 2

criminal lawsuit

Question 3

Civil lawsuit- parties

Answer 3

plaintiff and defendant

Question 4

civil lawsuit: there is a verdict-

Answer 4

but a defendant is not “guilty” he, she, or they are found to be at fault or liable

Question 5

ponderous of the evidence

Answer 5

more likely than not

Question 6

common causes of action for “malpractice”

Answer 6

• negligence/wrongful death
• vicarious liability/failure to supervise or train
• failure of informed consent
• breach of contract

Question 7

Elements of negligence

Answer 7

• duty
• breach
• causation
• harm

Question 8

Elements of negligence

duty

Answer 8

did plaintiff and defendant enter into a professional relationship
- was this person your patient? do you owe him or her a duty?

Question 9

Elements of negligence

breach

Answer 9

Standard of care:
- negligence arises when a provider fails to comply with the applicable standard of care.

AZ Jury instructions:
- health care [professional’ must exercise the degree of care skills and learning that would be expected under similar circumstances of a reasonably prudent health care [professional] within this state

Standard of care for pharmacists - yes it is different that stand for a physician and specialists even in the same career

Question 10

Elements of negligence

causation

Answer 10

• fault
• AZ jury instruction
  - before you find the defendant at fault, you must find that [defendant was a cause of injury to plaintiff]. Negligence causes an injury if it helps produce the injury and if the injury would not have happened without the negligence.
• But for negligence, would [plaintfit have been harmed]
• where is the chain of events did the harm occur (proximate cause)

Question 11

Elements of negligence

harm

Answer 11

was the plaintiff injured, harmed?

damages

• The nature, extent, and duration of injury
• The pain, discomfort, suffering, disability, disfigurement, and anxiety already experienced, and reasonably probable to be experienced in the future as a result of the injury.
• reasonable expenses of necessary medical care, treatment, and services rendered, and reasonably probable to be incurred red in the future
• Lost earnings to date, and any decrease in earning powers or capacity in the future
• loss of love, care, affection, companionship, and other pleasures of the [marital] [parent-child] relationship
• lost of enjoyment of life, that is, the participation in life’s activities to the quality and extent normally enjoyed before the injury

Question 12

the plaintiff must prove his or her case by poperderance of the evidence

Answer 12

This is significantly lower standard than beyond a reasonable doubt

Question 13

Comparative fault

Answer 13

• some jurisdictions call this: contributory negligence
• Arizona-pure comparative fault state
  
  • all parties to the action are approtional damages according to their degree of fault (percentage)
  • a plaintiff’s award is diminished in proportion to the claimant’s relative degree of fault, but the claimant’s fault generally will not act as a bar to recovery

Question 14

statute of limitation for a lawsuit is?

Answer 14

two years

• clock starts ticking from the day the injury is manifested (not when it happened but when the manifested…)
• clock stops if a claimant is: under 18 years of age, mentally incompetent, or imprisoned
• wrongful death claims accrue at the date of death

Question 15

Complaint

Answer 15

• lawyer meets with the injured individual and gathers facts and information
• files the COMPLAINT and SUMMONS
  
  • Definition: this is the first document filed by the plaintiff to start the lawsuit. It is a brief statement of the plaintiff’s claim against the defendant. See,
  • Service of Complaint:
    - once the complaint is filed the plaintiff must serve the Summons and Complaint upon the Defendant. This gives the Defendant notice that a lawsuit has been filed and informs the defendant what must be done to respond to the lawsuit.
    - Time Period: Within 120 days of filing the Complaint
    - Az requires an “affidavit of Merit”. which means anyone suing for medical malpractice must file a statement from a qualified health professional outside the case, asserting that it deserves to be heard in court
    - the affidavit must usually be filed within 60 days of filing a lawsuit

Question 16

You have been sued: Answer

Answer 16

• Defendant contacts insurance company. Company and defendant obtain lawyer
• Lawyer meets with defendant gathers facts and information
• Files the ANSWER
  
  • includes defense like comparative fault and identifies other potential parties
  • must be filed within 20 days; 30 day if out of state

Question 17

Discovery and Disclosure

Answer 17

• Discovery is a process where both parties identify the facts of the case and disclose the position and theories they hold on the case.
• Each party is entitled to any information that is “reasonable calculated to lead to the discovery of admissible evidence.”
  * Very broad
  * Encompasses information that will likely not be used at trial.
• Disclosure statements
  * Identifies expert witnesses and their opinions to be used at trial
  * Both plaintiff and defendant will obtain experts
• Depositions

Question 18

Motion and settlement

Answer 18

• Motions for summary judgment
• Settlement conference
• Mediation
• Usually it takes about 2 years for a case to be ready to go to trial.