In a Negligence or Malpractice Case, All of the Following

question 1209

Multiple Choice

In a negligence or malpractice case, all of the following elements must be present in order to shift the burden of proof onto the defendant EXCEPT the

• A) event would not normally have occurred in the absence of negligence.
• B) health care facility does not have a risk management program.
• C) defendant had exclusive control over the instrumentality that caused the injury.
• D) plaintiff did not contribute to the injury.

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Definitions:

FOB Shipping Point

A term used in shipping indicating that the buyer assumes responsibility for the goods and their transportation costs as soon as the goods leave the seller's location.

Freight Costs

Charges associated with the transportation of goods from one location to another, often considered part of inventory costs in accounting.

Merchandising Business

A business that purchases finished goods for resale, typically at a profit, engaging in buying and selling without altering the form of the goods.

Service Business

An enterprise offering non-physical goods or services to its clientele.