Section 1
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Last updated
6 years ago
Date created
Mar 1, 2020
Cards (93)
Section 1
(50 cards)
implied
deducted by actions of contracting parties
performance of an act, resulting in or causing harm
malfeasance
res ipsa loquitur
the thing speaks for itself
self or legal charge
competent adult
dealing with requirements and standard of government agencies
administrative law
mature minor
under 18 living apart from parents/guardian, demonstrating maturity, intelligence, economic independence, and experience or a minor marries to someone 18 years or older
civil law
practice of medicine is regulated by
misfeasance
improper performance of an act, resulting in or causing harm
based on societal customs and recognize by court
common law
law
set of rules governing conduct and action that are enforced by authority
accused individual in court
defendant
respondeat superior
known as a law of agency
tort
wrongful civil act committed against an individual for which compensation is sought
stating who the patient designates to make medical decisions regarding accepting and withholding treatment
medical (durable) power of attorney
dereliction
provider neglected a professional obligation to act or acted improperly
emancipated minor
under 18 legally responsible for his/her actions
arbitration
settlement dispute by presenting circumstances to a third party who decides the outcome
designated anatomic donor
documentation or indication on existing document expressing patient desire to donate specific anatomic organs
regulate conduct, punish offenders, remedy wrongs, benefit society
purposes of laws are to
life-threatening emergencies must be
informed
governs crimes or wrongs committed against individual or property
civil law
locum tenens
temporarily taking a place of another; common when a doctor often is contracted, "fillin in" for a time
five components required for contract to be legal and binding
offer must be made/accepted exchange in something of value all parties must be legal of accepting terms intent must be legal
written or verbal and describing what contractual part will do
expressed
living will
acceptable/unacceptable means to sustain patient life in case of terminal conditions
administrative law refers to
regulations established and enforced by government agencies
"four D's" use to dertermine malpractice
duty, dereliction, direct, damages
contract law
dealing with the right and obligations of enforceable promises
negative outcome resulted directly from provider's action or failure to act
direct
law of agency
employers liable for action and conduct or employee while within their job description
patient/physician was established
duty
common tort and defined as failure to exercise standard care that's reasonable
negligence
document signed by patient, witnessed, notarized that states patients wishes for medical decisions in incapable for him/her self
advance directives
let the master meet
respondeat superior
criminal law
governs crimes or wrongs committed against society, individual or property in violation of an ordinance
contracts maybe
expressed, implied
patient self-determination act
individual to decide before they become incapacitated on care they want to refuse
procedures/reasons for procedures risk/side effects alternative therapies/risk prognosis w/ and w/o procedure info that may assist in making educated decisions
information provided on a consent form
who may consent for medical treatment
competent adult emancipated minor mature minor
for medical care in voluntary permission given a competent adult or legal against of patient
consent
meditation
third independence attempts to settle controversy between two contending parties
deposition
former statement by a person who has promised to tell the truth
failure to act, improper performance of an act or performance of an improper act by a professional
malpractice
plaintiff
individual bringing charge against another in court
term used in obvious cases of negligence
res ipsa loquitur
four forms of negligence
nonfeasance, misfeasance, malfeasance, malpractice
contract
obligation resulting from agreement between two or more parties
dealing with accidental or intentional harm to a person or property resulting from wrongdoing of others
tort law
failure to act when duty is indicated, resulting in or causing harm
nonfeasance
damages
patient sustained harm from the negligent act
Section 2
(43 cards)