ABOUT LAWS II
Law that involves crimes against the state.
CRIMINAL LAW
A civil wrong commited against person or property, excluding breach of contract.
TORT
The person bringing charges in a lawsuit.
PLAINTIFF
A defense that claims innocence of the charges or that one or more of the four D's of negligence are lacking.
DENIAL
A mandatory credentialing process established by law, usually at the state level that grants the right to practice certain skills and endeavors.
LICENSURE
Law that involves wrongful acts against persons
CIVIL LAW
An offense punishable by death or by imprisonment in a state or federal prison for more than one year.
FELONY
A doctrine under which the employer is legally liable for the acts of employees if such acts were performed withing the scope of duties. "let the master answer"
RESPONDEAT SUPERIOR
The legal obligation of health care workers to patients and sometimes non patients.
DUTY OF CARE
Contract coverage for potential damages incurred as a result of a negligent act.
LIABILITY INSURANCE
The body of unwritten law developed in England primarily from judicial decisions based on custom and tradition.
COMMON LAW
Crime punishable by fine or by imprisonment in a facility other than a prison for less than one year.
MISDEMEANOR
The doctrine of common knowledge in a situation where it is so obviously negligent, no expert witnesses need be called. "thing speaks for itself"
RES IPSA LOQUITUR
The level of performance expected of a health care practitioner in carrying out professional duties.
STANDARD OF CARE
Defenses used by the defendant in medical liability suits where factual evidence is presented regarding some other factor other than the defendant's negligence caused the patient's condition.
AFFIRMATIVE DEFENSES
Law passed by the US congress or state legislatures.
STATUTORY LAW
A written notification issued by the clerk of court and delivered with a copy of the complaint to the defendant in a lawsuit, directing the defendant to respond to the charges brought in a court of law.
SUMMONS
A form of sexual harassment defined by the EEOC in which submission to such sexual conduct is made a term or condition of the individual's employment. Also known as "something for something" sexual harassment.
QUID PRO QUO
What four elements must be present to prove negligence?
1. DUTY
2. DERELICTION
3. DIRECT CAUSE
4. DAMAGE
Name the three affirmative defenses and give brief definition of each.
1. CONTRIBUTORY NEGLIGENCE-CAUSED BY PLAINTIFFS LACK OF CARE (it's ALL the patient's fault for not following instructions). COMPARITIVE NEGLIGENCE-BY WHAT PERCENTAGE. (it's partially the patient's fault, partially the defendant's fault)
2. ASSUMPTION OF RISK-INFORMED CONSENT
3. EMERGENCY- STANDARD OF CARE MET FOR EMERGENCY
These are enabling statutes enacted to define powers and procedures when an agency is created.
ADMINISTRATIVE LAW
An unintentional tort alleged when one may have performed or failed to perform and act that a reasonable person would or would not have done in similar circumstances.
NEGLIGENCE
A legal document requiring the recipient to bring certain written records to court to be used as evidence in a lawsuit.
SUBPOENA DUCES TECUM
The 4 C'S of medical malpractice prevention.
1. COMPASSION
2. COMMUNICATION
3. COMPETENCE
4. CHARTING
1. RELEASE OF TORTFEASOR-SETTLEMENT SIGNED
2. RES JUDICATA- THE THING HAS BEEN DECIDED
3. STATUTE OF LIMITATIONS