PT Duties
A duty that arises by contract or by operation of law, an obligation that the breach of which would be a legal wrong.
What is Legal Duty?
Medical malpractice is considered to be a breach of what type of law?
What is civil law
Intentional misrepresentation of eligibility, services or goods delivered that were not performed or was misrepresented of what was preformed.
What is Fraud?
Preponderance of evidence, clear and convincing evidence and beyond a reasonable doubt.
What are Burdens of Persuasion?
Criminal, Civil and Administrative Law.
What is Subdivisions of the law and legal systems?
A duty to act with the highest degree of honesty and loyalty towards another person in the best interest of the other person
What is Fiduciary duty?
In medical malpractice, this party has the burden of proof.
Reimbursement sought for treatments or goods which are medically unnecessary, excessive or inappropriate.
What is Abuse?
A civil wrong, other than a breach of contract, committed against a person or property for which a court provides a remedy, generally in the form of monetary damages.
What is Tort Law?
Punishment for breaking the law and is statutorily based.
What is Criminal Law?
A duty to take a positive step to do something, like reporting child abuse or performing CPR/first aid
What is Affirmative Duty?
The quality of being reasonably anticipatable
What is Foreseeability?
Standard of medically necessary and appropriate care in physical therapy that is decided by insurance companies.
What is managed care?
Execution of an unlawful or improper act, like performing a procedure without having the appropriate credentials.
What is Malfeasance?
Attempt to compensate victim for loss or damage as a result of a tort/breach of contract
What is Civil Law?
Types of Duties expected of a Physical Therapist
What is affirmative duty, duty to act, duty to speak, contractual duty, legal duty, non-delegable duty, duty of loyalty and fiduciary duty.
Damages that are more subjective in nature and more difficult to assign a dollar amount to, such as pain and suffering or disfigurement.
What is Non-economic damages?
Any person who had knowledge of the fraud and failed to report it is also guilty of conspiracy.
Improper performance of an act, like joint manipulation with incorrect technique.
What is Misfeasance?
The procedures created by administrative agencies involving rules, regulations, applications, licenses, permits, available information, hearings, appeals and decision making?
What is Administrative Law?
Liability that a supervisory party bears for the actionable conduct of subordinate or associate because of the relationship between the two parties
What is Vicarious Liability?
1) Valid enforceable contract between two parties
2) one party breached their duties under the enforceable contract
3) Failure of one party to perform the obligations of the contract that caused harm to the other party
What is Elements of a Breach of Contract?
1) A knowing misrepresentation of the truth (ignorance of the law is not a defense, it is your responsibility to know the law)
2)Concealing of a material fact
3) Inducing another to act to their detriment
What is Elements of Cause of Action of Fraud?
Failure to act when there is a duty to act like failure to report adverse events or findings.
What is Nonfeasance?
Preservation of peace between individuals, fault finding for wrongdoing, indemnify injured persons and acts as a deterrence to wrongful acts.
What are objectives of Tort Law?