CPCU 552 Chapter 8: Professional Liability Exam Questions With Revised Answers
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Course
CPCU 552
Institution
CPCU 552
CPCU 552 Chapter 8: Professional Liability
Exam Questions With Revised Answers
What are the three legal foundations of Professional Liability? - answer1. Breach of Contract
- plaintiff shows the professional failed to perform the services for which he was hired
2. Tort action - plaintiff shows ...
CPCU 552 Chapter 8: Professional Liability
Exam Questions With Revised Answers
What are the three legal foundations of Professional Liability? - answer✔✔1. Breach of Contract
- plaintiff shows the professional failed to perform the services for which he was hired
2. Tort action - plaintiff shows the professional failed to render service that met the standard
expected
3. Statutes and Regulations - plaintiff shows that the professional violated a statute or regulation
What are 4 types of damages recoverable under breach of contract? - answer✔✔1.
Compensatory damages - indemnify injured party for monetary loss sustained due to breach of
contract
2. Consequential damages - indemnify the injured party for losses related to civil wrong
3. Liquidated damages - specified amount named in contract, to be recovered due to breach
4. Nominal damages - small amount (often $1) awarded when a breach of contract occurs but
does not product compensable injury
Why do Professional Liability trials often need expert witness testimony? - answer✔✔Because
jurors are not experts in defendants area, and need help to determine if a professional used the
required level of skill or care.
Does the CGL offer professional liability? - answer✔✔No, insurers routinely endorse their CGL
policies to specifically exclude professional liability losses.
What are the six common characteristics of PL policies? - answer✔✔1. Covered acts and
consequences - professional services related to occupation: can be as limited as only negligent
acts/e&o, or as broad as all wrongful acts
2. Persons and Organizations Insured - most cover insured and owners, directors, officers,
partners, and stockholders.
3. Defense coverage - most pay defense costs, some pay in addition to limits, some have it
included in limits
4. Claims-made provisions - most contain auto 1-3 year extended reporting
5. Coverage territory - most cover acts committed anywhere, if brought to suit in US or Canada
6. Exclusions - most exclude intentional injury, EL, WC, and pollution
What are the 7 legal foundations of a Healthcare Professional's Professional Liability exposures?
- answer✔✔1. Duties of healthcare providers - thorough examination, appropriate diagnoses,
follow-up care, prescribe appropriate meds
2. Standard of care - plaintiff must establish proper standard of care and establish connection
between injury and professional's failure to provide standard
3. Locality rule - applies standard of care reasonable to care exercised by similar professionals in
same locale
4. Vicarious liability - physicians can be held vicariously liable for employees negligence
5. Sovereign and charitable immunity - protect government entities or some medical situations
from liability
6. Informed consent - must give consent after adequate disclosure
7. Statutes of limitations - max period to bring suit or enforce rights
What are sovereign immunity, charitable immunity, and good Samaritan laws? -
answer✔✔Sovereign immunity - protects government from liability
Charitable immunity - protects physicians from liability when charitable to not for profit work
Good Samaritan Laws - protects medical professionals from liability due to uncompensated
emergency treatments
What are the 5 elements that must be disclosed to show informed consent? - answer✔✔1. nature
of patients condition
2. nature of proposed treatment
3. risks associated with that treatment
4. anticipated benefits of that treatment
5. alternative treatments and their risks
What are four risk control measures used to control PL losses of medical professionals? -
answer✔✔1. assess risks, develop action plans
2. structure quality improvement systems
3. train physicians and staff in risk management and risk awareness
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