Paralegal Certification PrepLegal Terminology and ConceptsEasy
A paralegal is conducting an initial client interview for a potential medical malpractice case. The client alleges that a surgeon left a foreign object inside them during a routine appendectomy. Which type of tort is most likely at issue in this scenario?
- AFraudulent Misrepresentation
- BNegligence Tort
- CIntentional Tort
- DStrict Liability Tort
Show answer & explanationAnswer & explanation
Correct answer: B. Negligence Tort
Medical malpractice, where a healthcare professional's conduct falls below the accepted standard of care, is a classic example of a negligence tort. The surgeon's alleged action was not intentional, nor does it typically fall under strict liability or fraud.
Why the other options are wrong
- A. Fraudulent misrepresentation involves deceitful statements made to induce another to act, which is not the primary issue here.
- C. Intentional torts require a deliberate act with the intent to cause harm, which is not present in this scenario.
- D. Strict liability applies in specific circumstances, such as defective products or abnormally dangerous activities, not typically medical procedures.
Negligence Tort
A civil wrong caused by a failure to act with the level of care that someone of ordinary prudence would have exercised under the same circumstances.
- Requires a duty of care, breach of duty, causation, and damages.
- Most common type of tort.
- Does not require intent to harm.
Memory trick: Torts are like a 'No-No' list for society – breaking them causes civil harm.