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 Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association
 
 

November 2009     MCLE Test and Answer Sheet

Test No. 186: Operating Room

 
 

Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.

2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $15 testing fee ($20 for non-LACBA members) to:

Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055 

Make checks payable to Los Angeles Lawyer.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6. For future reference, please retain the CLE test materials returned to you.

 
 Test Sheet
 
 

Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*

1. The standard of care in medical malpractice litigation is determined by subjective criteria.
 True.
 False.

2. The "reasonable person" standard is irrelevant in determining the standard of care.
 True.
 False.

3. The standard of care is defined in CACI 506.
 True.
 False.

4. The standard of care is strictly a matter of weighing the conflicting experts' opinions as to what they think is done by competent practitioners.
 True.
 False.

5. The standard of care is used to determine the "better" public policy and thus improve public safety.
 True.
 False.

6. Expert opinion is required to inform the jury on the standard of care solely because it is not a matter of common knowledge.
  True.
 False.

7. Evidence that the defendant did the best he or she could do is a defense to malpractice.
 True.
 False.

8. The meaning of the term "standard of care" is defined by the community of practitioners at issue.
 True.
 False.

9. The standard of care is measured by what a practitioner can usually get away with.
 True.
 False.

10. Juries should be instructed that a plaintiff may not use the existence of the practice of "defensive medicine" to prove malpractice.
 True.
 False.

11. Settings such as charity hospitals and HMOs can be held to a lower standard of care because they are frequently underfunded or known to be more cost-effective.
 True.
 False.

12. Courts have permitted parties to use malpractice litigation to establish a new and better standard of care.
 True.
 False.

13. The determination of the standard of care in medical malpractice cases includes nonmedical considerations such as insurance coverage and doctors' concerns about their own standing in the community.
 True.
 False.

14. The jury is entitled to consider experts' testimony regarding external factors that affect how those in the applicable community of practitioners actually function.
 True.
 False.

15. Geography is usually a highly relevant factor in the determination of the standard of care.
 True.
 False.

16. The community is measured solely by the defendant's own area of recognized expertise, as determined by factors such as board certification.
 True.
 False.

17. Only one standard of care is applicable to a defendant in a malpractice case.
 True.
 False.

18. Cosmetic surgery is an AMA-recognized area of medical specialty.
 True.
 False.

19. If a defendant negligently fails to refer the plaintiff to a specialist, the defendant is held to the standard of care for that specialty.
 True.
 False.

20. In presenting their medical malpractice cases, plaintiffs should ignore the external factors that affect the actual community standard.
 True.
 False.

Address and Billing

After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.

If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.


 
Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

* The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by the State Bar of California in the amount of one hour.

 


 
  
 

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