"let the master answer"
employer is liable for the acts of his employees
respondeat superior
When a physician performs a treatment incorrectly, it is called
misfeasance.
a document that lets you name someone else to make decisions about your health care in case you are not able to make those decisions yourself
Durable Power of Attorney
Patients must show that a physician-patient relationship existed in which the physician owed the patient a duty.
Duty
permission granted in the knowledge of the possible consequences, typically that which is given by a patient to a doctor for treatment with full knowledge of the possible risks and benefits.
informed consent
"the thing speaks for itself"
obvious negligence
res ipsa loquitur
If a physician delays service causing detriment to the patient, the physician could be charged wit
nonfeasance
A type of document that states the specific types of medical care that a person wishes to receive if that person is no longer able to make medical decisions because of a terminal illness or being permanently unconscious
living will
Patients must show that the physician failed to comply with the standards of the profession
Derelict
the agreement given by a person's action (even just a gesture) or inaction, or can be inferred from certain circumstances by any reasonable person.
implied consent definition
A legal document requiring the recipient to bring certain written records to court to be used as evidence in a lawsuit.
subpoena duces tecum
intentional conduct by medical professionals that is wrongful or unlawful – If a doctor prescribes a medication and unintentionally gives an incorrect dosage,
malfeasance
a document that provides patients with information on how they can reasonably expect to be treated during the course of their hospital stay
patients bill of rights
Patients must show that any damages were a direct cause of a physician's breach of duty.
Direct cause
failure to abide by consent can result in this legal charge
battery
"the thing has been decided" can't retry a case
res judicata
The doctor's actions will only prolong his dying the actions provide no benefit or good effect but do inflict intentional harm.
maleficence
a document signed by the authorizing person, allowing the recipient or holder of information to disclose or use the information through the consent of the owner.
release of information
Patients must prove that they suffered injury.
Damages
means consent in writing, including consent conveyed electronically that bears an electronic signature as defined in section 106(5) of Public Law 106–229
expressed consent
"something for something" sexual harassment
quid pro quo
the obligation of physician to act for the benefit of the patient and supports a number of moral rules to protect and defend the right of others, prevent harm, remove conditions that will cause harm, help persons with disabilities, and rescue persons in danger.
beneficence
This act requires most healthcare institutions to inform patients of their rights to make decisions and the facility’s policies respecting advance directives.
Patient Self-Determination Act
_____ results when a person's conduct falls below the standard of behavior expected of a reasonable person in the same situation.
negligence
consent given by all parties
unanimous consent