What is professional malpractice?

What tort does a professional malpractice suit allege?

What four elements must be proven to win a professional malpractice lawsuit?

What is the duty required by professionals?

What are the two standards of care that professionals may be held?

What is the Locality Rule in the medical field? What is the rationale for adopting the Locality Rule in the medical field?

Many courts have discarded the Locality Rule in favor of a national standard of care in the medical field. What is the national standard of care?

Has Florida adopted the Locality Rule or the national standard of care in the medical field? What does the Florida statute say on this topic?

Is a professional negligent if the client experiences a negative outcome? Explain.

Is a professional negligent if she chooses a course of action that is different from the one that many other professionals would have chosen? Explain.

List eight ways that professional malpractice can occur.

To what standard of care is a specialist held?

Do specialists adhere to the Locality Rule or are they held to a national standard of care?

What is informed consent?

What does the doctrine of informed consent require doctors to disclose?

What risks must be disclosed by doctors to their patients?

What is the reasonable physician standard / professional standard?

What is the reasonable patient standard / prudent patient standard?

Is it ever acceptable for a doctor not to provide informed consent? If so, under what conditions?

Florida has passed a statute codifying the requirement for informed consent. What is the Florida statute known as and what standard did it adopt?

What does a professional who decides to allege contributory negligence usually argue?

Under what conditions can a patient be said to have assumed the risk?

When is the defense of emergency a viable defense to a claim of negligence? When is it not?

Why is it important for professionals to maintain adequate records?

To whom do medical records belong? When do defendants have a right to these records?

How many malpractice claims are filed against most attorneys?

Do most legal malpractice claims result in recovery of damages?

What kind of attorney is most likely to be sued for legal malpractice? What type of error does this attorney typically commit?

What are the primary reasons for most legal malpractice claims?

What can attorneys do to prevent legal malpractice claims?

What communications does the attorney-client privilege protect?

How is the attorney-client privilege waived?

Who is subject to the attorney-client privilege?

What should legal assistants do to preserve the attorney-client privilege?

What types of activities constitute the unauthorized practice of law?

Why is it important that attorneys review all of the work produced by their paralegals?

How does the relationship paralegals have with clients complicate the issue of unauthorized practice of law?

What have states done in an effort to reduce the number of medical malpractice claims?