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Doctrine of negligent conduct Under this doctrine, the nurse is liable for damages or person which is imputed to his opponent, is considered in law solely responsible for the
injuries to the patient as a result of negligent performance or non-performance of the consequences of the accident.
nurses obligation in the hospital.
18. Doctrine of superior knowledge - when a property owner has knowledge of some
11. Doctrine of assumption of risk - A common law defense that has been used to pass the hazardous condition existing on the property and the condition is not obvious to a person
responsibility for loss or injury onto the injured party by asserting that the individual had exercising reasonable care, the owner must make the premises reasonably safe or else warn
knowledge and understanding of the hazards involved in the undertaking and is therefore others of the hazardous condition.
not entitled to recovery for the loss. Legal decisions have eroded and narrowed the
applicability of this defense.

12. Doctrine of informed consent - A duty imposed on a doctor to explain the risks of
recommended procedures to a patient before a patient determines whether or not he or
she should go forward with the procedure.

13. Doctrine of Forced F

14. Damnum absque injuria loss or damage without injury. There can be damage without
injury in those instances in which the loss or harm was not the result of a violation of a legal
duty.

15. Doctrine of Learned Intermediary - The legal doctrine that a pharmaceutical


manufacturer need only advise or warn physicians, and not the public at large, of the
potential hazards of the drugs it produces. Under this doctrine physicians act as agents for
the public when they prescribe medications. Their education and clinical experience help
them decide when to use a medication and when, because of safety concerns, to avoid its
use. Exceptions to the doctrine are illustrated by direct-to-consumer drug advertising (e.g.,
on television or the Internet) in which pharmaceutical companies present their products
directly to patients without the physician acting as intermediary.

16. Doctrine of Corporate Negligence - a hospital is liable if it fails to uphold the proper
standard of care owed a patient. This standard of care ensures a patients safety and well-
being while hospitalized. An injured party does not have to establish the negligence of a
healthcare professional in the employ of the hospital in order to bring forth a claim of
corporate negligence. Vicarious liability is the cause of action for a claim wherein the injured
party alleges negligence on the part of the hospitals employee or agent, such as a physician,
nurse, therapist, etc.

17. Last clear chance - a person who has the last clear chance or opportunity of avoiding an
accident, notwithstanding the negligent acts of his opponent or the negligence of a third

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