In a case of professional negligence, all of the following are required to support a claim of res ipsa loquitur except:
a. evidence must exist to show that the de-fendant acted with malfeasance or intent.
b. the action responsible for the injury was under the control of the defendant.
c. the harm was such that it would not nor-mally occur without someone's negli-gence.
d. negligence or voluntary risk-taking by the plaintiff did not contribute to the injury.
ANS: A
The legal principle res ipsa loquitur ("the thing speaks for itself") may apply. Res ipsa loquitur is sometimes invoked to show that the harm would not ordinarily have happened if those in control had used appropriate care.
You might also like to view...
____ is a gradual and irreversible decline in mental function generally owed to an organic cause such as senility or Alzheimer's disease.
A. Paranoia B. Delirium C. Psychosis D. Dementia
The most coronal part of the free gingiva is the ________
Fill in the blank(s) with correct word
Veins act as a bridge between capillaries and arteries.
Answer the following statement true (T) or false (F)
Which of the following is NOT in compliance with ADA requirements?
a. One accessible entrance with protection from the weather b. An accessible passenger-loading zone c. Ten percent of the total parking spaces at outpatient facilities marked handicapped d. Five wheelchairs available for use at every door entrance