Key Terms
Ordering more test and procedures than medically necessary.
What is defensive medicine?
Four elements that compose Negligence.
What are duty, dereliction, direct or proximate cause and damages?
The _______________ is responsible for explaining the risk of treatment or procedures.
Who id the physician?
Deliberate concealment of facts
What is fraud?
Most common defense by a defendant in a case.
What is denial?
doing an act or performing a duty.
What is feasance?
Failure to perform an action that a reasonable person would have in a similar situation.
What is negligence?
Improper performance of an otherwise lawful act.
What is misfeasance?
The ___________ ___________ doctrine is a special application of respondeat superior.
What is "borrowed servant doctrine"?
Res ipsa loquitur
What is "the thing speaks for itself"?
defense that the plaintiff's own negligence contributed to the injury.
What is comparative negligence?
The Reasonable Person's Standard refers to the ____ __ ___ ____.
What is Duty of Due Care?
Failure to perform a necessary action.
What is nonfeasance?
The HC profession with the highest cost of malpractice insurance.
What is obstetrics?
Monetary award by a court to a person who has been harmed in an especially malicious or willful way.
What is punitive damages?
additional component to an insurance policy.
What is a "rider"?
When one side of the case demonstrates a greater weight of evidence than the other.
What is preponderance of evidence?
Using methods other than going to court to resolve civil disputes.
What is Alternative Dispute Resolution (ADR)?
Res judicata means
What is "the thing has been decided"?
Payments intended to "make up" for loss of income, emotional pain and suffering are called________ _____.
What is compensatory damages?
a defective knee joint used in a total knee joint rplacement.
What is product liability?
Professional Misconduct
What is malpractice?
An example of ADR is __________________.
What is arbitration?
An example of this legal defense would be if a patient continued to smoke after reading the warning label on a pack of cigarettes'.
What is assumption of risk?
Coverage of the insured party for all injuries and incidents that occured while the policy was in effect regardless of when it was reported.
What is Occurrence insurance?
slight or "token" payment awarded by the court.
What is nominal damages?
Responsibility for action during employment is ultimately assigned to________
Who is the employer?
financial compensation for injury.
What is damages?
This was created to protect the programs like Medicare and Medicaid from fraudulent activities.
What is the Office of the Inspector General?
To win a wrongful death case, the plaintiff must prove ______________________.
What is proximate cause of death?