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Medical Law / Ethics

Terminology

QuestionAnswer
Accesory A person who, even if not present, is related with the performance of a felonious act (crime).
Agent A person with the legal right to speak/act on behalf of another. The person is legally responsible for the actions and/or statements made by the agent on his behalf.
Assault The threat or attempt to use force or violence upon the person of another.
Battery The use of force or ciolence upon the person of another "treatment without consent".
Breach The breaking or violating of a law, promise, contract or duty.
Civil Law The laws of a state or nation which deal with the enforcement of civil rights. Disputes between citizens; violation of rights by one person to another.
Common Law Unwritten law that is based on customs or court decisions.
Confidential Relationship A relationship in which one cannot reveal information given to him by another without the express consent (permission) of the other, unless required by law.
Contributory Negligence Negligence on the part of the plaintiff which is proximate (probable) cause of or contributing to the patient's injury.
Criminal Law Laws that pertain to crime and it's punishments.
Defendant The accused: he who denies or defends against the accusations of another.
Deposition Written testimony; under oath, in response to interrogation (written and/or oral questioning).
Doctrine of Respondeat Superior "The Law of Agency" -The doctor is principle; you are his agent.
Emancipated Minor Minor whose parents have surrendered all rights.claims, responsiblities in relation to him. Gernerally regarded as able to consent for themselves. A married, divorced or pregnant minor.
Ethics A set of behavioral/moral standards formed by a particular group or prfession which attempts to govern the actions or behavior of the members of that group.
Felony A crime more serious than a misdemeanor.
Good Samaritan Law Laws exempting physicians and other medical professionals from liability for treatment given in acccident cases.
Grievance Committee Group established by the local medical society who hear and investigate complaints about physicians in the area regarding professional care or excessive fees charged.
Guardian One entrusted by the law with the care and / or property of another.
Implied Consent To give consent by inference or action but without the express statement.
Informed Consent To give consent, having full knowledge of the matter at hand and the dangers that may be involved (written).
Liable Bound or obliged by law; responsible; chargeable.
Locum Tenens Holding the Place" A deputy, substitute, lieutenant or representative.
Malpractice Improper professional action or treatment by a physician as from ignorance, neglect, or with criminal intent.
Malfeasance The performance of an imporper action.
Misfeasance The imporper performance of an action which is approved.
Nonfeasance Failure to perform an approved action.
Medical Practice Acts State laws which govern the methods and requirements in gaining a license to practice medicine. Includes what a physician can pratice in his field (specialty) and grounds for suspension or revocation of license.
Misdemeanor A crime less serious than a felony.
Morbidity The relative incidence of disease.
Negligence Failure to perform using approved methods of treatment and/or performance of unapproved methods of treatments.
Non Compos Mentis Not of soud mind; insane. Any mental derangement.
Plaintiff Theh person who complains; the accuser; he who brings suit.
Principle of Medical Ethics Ten section code condensed by the AMA in 1957 to aid the physician to individually and collectively maintain a high level of ethical conduct.
Prosimate Cause The cause of the injury was closely related to the defendant's negligence.
Reciprocity The acceptance of one state's standards as a t leadt equal to or superior to their own.
Res Gestae An exception to the hearsay rule. Eveidence admissible even though may be "hearsay"
Re Ipsa Loquitor "The thing speaks for itself". Obvious charge. Circumstantial evidence doctrine: nature of the injury strangly or obviously implicates negligence.
Revocation The cancellation or summoning back of a license/act.
Slander Defamation of character by verbal statements.
Statute Any written law.
Statutory Pertaining to a statute or written law.
Subpoena An order directed to a person, requiring his attendance at a particular time and place to testify.
Subpoena Duces Tecum The order which states you are required to bring also any books, documents or other things under his control, and to produce them as evidence.
Tort A civil wrong
Age of Majority Statutory or legal age of adulthood.
Fraud An intentional perversion of the truth for the purpose of inducing another to part with something of value or to srrender a legal right.
Arbitration A legal method provided by statute in some states where two parties agree to resolve any controversy that may occur between them before an impartial panel.
Litigation A lawsuit, the court process.
Statute of Limitation Time period during which a medical malpractice suit must be filed.
Loco parentis Someone charged with standing in the parent's stead.
Guardian ad Litem Representation by someone for litigation purposes only.
Non sui juris Incompetent
Gatekeeping Lookin out for the interests of the profession or of others practicing the profession to maintain the genuine honor and high principles of the profession, and to protect and serve the best interst of patients.
Scope of practice Guidelines that designate the limitations of a professional's skill, knowledge, and abilities, and of the law. Must get permission to practice outside the scope of practice.
Created by: erinmarie
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