professional misconduct or demonstartion of unreasonable lack of skill resulting in injury, loss, or damage to the patient.
What is Malpractice
100
most common defense in a malpractice lawsuit is denial on the part of the physician
What is denial defense
100
having legal responsibility for one's own actions
What is liable
100
refers to doing an act or performing a duty
What is feasance
100
a physician's failure to act as an ordinary and prudent physician (or peer) within the same community would act in a similar circumstance
What is dereliction of duty
200
A civil wrong
What is a tort
200
legal defense that prevents a plaintiff from recovering damages if the plaintiff voluntarily accepted a risk associated with the activity
What is assumption of risk?
200
physicians and other medical professionals may be sued under a variety of legal theories. Unfortunately, a fear of lawsuits has influenced the practice of medicine
What is civil liability cases
200
refers to performing a wrong or illegal act
What is malfeasance
200
the continuous sequence fo events, unbroken by any intervening cause, that produces an injury and without which the injury would not have occured
What is direct cause
300
an unintentional action, occurs when a person either performs or fails to perform an action tha a reasonable would or would not have committed in a similar situation
What is the tort of negligence
300
Means "the thing has been decided" or "matter decided by judgement"
What is Res judicata?
300
governs the legal relationship formed between two persons when one person agrees to perform work for another person
What is law of agency?
300
is the improper performance of an otherwise proper or lawful act
What is misfeasance
300
refers to any injuries caused by the physician for which compensation (financial or otherwise) is due
What is damages
400
In order to obtain a judgment of negligence against a physician, the patient must be albe to show what are called ....
What is the 'four Ds" of negligence
400
doctrine is a special application of respondeat superior. This occurs when an employer lends an employee to someone else.
What is borrowed servant
400
to cover any damages that mus be payed if sued for malpractice and lose.
What is malpractice insurance
400
the failure to perform a necessary action
What is nonfeasance
400
submitting a civil dispute to a person other than a judge to resolve
What is arbitration
500
One side of a case must demonstrate a greater weight of evidence than the other side
What is preponderance of evidence
500
A defense similar to contributory negligence in that the plaintiff's own negligence helped cause the injury; not a complete bar to recovery of damages but only damages based on the amount of the plaintiff's fault.
What is comparative negligence
500
Under the doctine of respondeat superior, or 'let the master answer" blank blank...for the consequences of the employee's actions committed in the scope of employment
What is who is liable?
500
the responsibility established by the physician-patient relationship
What is duty
500
refers to conduct on the part of the palintiff that is a contributing cause of an injury; a complete bar to recovery of damages