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legal issues

chapter 5 notes

arise from societal norms "found" as a part of common law or enacted into statue legal issues
written guidelines about the end of life care Advanced Directives
3 types of advanced directives DNR (Di not resuscitate) Living will- how you want to live or not live Health care proxy- somone to carry out your wishes should you not be able to
absence of the element of intent is the key distinguishing factor between volutary and involuntary manslaughter Manslaughter
upon a sudden quarel or heat of passion voluntary
in the commission of an unlawful act involuntary manslaughter
unlawful taking of money or goods of another from his or her person robbery
similiar to robbery but means it doesn't involve the persence of the victim Burglary
conduct that falls below the standards established by law for the protection of others against unreasonable risk of harm(failing to do what a reasonable person would in a simialr sitiuation) negligence
what are the 4 duties of health professionals Duty Derelict Direct cause Damages
the professional has a duty to the injured person Duty
the professional failed to meet that duty Derelict
the failure to meet the duty was the direct cause of the injury Direct casue
Faliure to meet the duty caused damage or injury Damages
the pt. has contributed to the injury(missed appiontment, not following the prescribed treatment plan) Contributory negligence
the amount of time a person has to sue ueally 1-3 years varying by state Statue of limitations
the thing speaks for itself res ipsa loquitor
let the master answer Respondeat superior
commands the oringinal medical record in court Deuces tecum subpoena
a wrong doing that was not intended such as a baseball thru a window unintentional
such as slander or defamation of character the person knew it was worng but did it anyway intentional
is the process of taking a lawsuit thru the courts litigation
a doctor/patient relationship is considered a ______ _______ and the doctor must provide a certain ___ of ______ legal contract standard of care
Created by: bpstears