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legal ethical test 2
| Question | Answer |
|---|---|
| conduct lacking in due care. Doing somethin that a reasonable and prudent person would not do | negligence |
| must have a license to commit this | malpractice |
| malpractice | the failure of a professional person to act in accordance with the prevailing professional standards or the failure to foresee consequences that a professional person having the necessary skills and education would foresee. |
| first step to prove or disprove negligence or malpractice | duty owed to the patient |
| second step in proving malpractice or negligence | breach of duty owed to the patient (was something done that should not have been done) or (was nothing done when something should have been done) |
| The third step in proving malpractive or negligence | forseeability, could a person reasonably predict a certain result based on the facts at the time of occurrence |
| fourth step in proving malpractive or negligence | causation |
| but-for-test | could you have done something different to prevent the injury |
| substantial factor test | did the defendants action cause or contribute to the injury |
| alternate causes | where others involved and if so, which one caused the harm |
| fifth step in proving malpractice or negligence | injury, the plaintiff must demonstrate that some type of physical, financial, or emotional injury resulted from the breach of duty owed to the patient |
| sixth step in proving malpractice or negligence | damages, purpose is to restore injured parties to their original position as financially as possible |
| those inherent to the injury such as pain suffering permanent disability or disfigurement | general damages |
| loses and expenses as a result of the injury such as medical bills lost wages future medical costs costs of converting living areas | special damages |
| rare event and usually accompained by physical harm | emotional damages |
| awarded for malicious, willful, or wanton misconduct | punitive or exemplary damages |
| Res Ipsa Loquitor | "the thing speaks for itself" |
| this is when a plaintiff is injured but cannot prove how the injury happened or who was responsible | Res Ipsa Loquitor |
| the percent to which the patient contributed to their injury. This percent is then deducted from the original total damages | contributory negligence |
| Modified comparative negligence | the percent to which the patient contributed to their injury reduces the damages, If greateer than 50% patient fault then there is no cause of action |
| a civil wrong committed against a person or the persons property | tort |
| must be volitional or willful act by the defendant, defendant must intend or appear to intend to bring about the consequences and the act must be a substantial factor in bringing about any injury if one occured | intentional tort |
| willful action, direct causation,no intent | quasi-intentional tort |
| (a threat) any action which places another person in apprehension of being touched that is offensive, insulting, or physically injurious without that person's consent or authority | Assault |
| harmful or nwarrented contact with another preson | battery |
| the unjustifiable detention of a person without legal warrant | false imprisonment |
| intentional infliction of emotional distress | outrageous conduct that causes emotional distress |
| conversion of property | interference with the right of possession of the patients property, this can be by transferring, altering disposing or not allowing the person control |
| when is conversion of property justified | if done to prevent injury or harm from a confused or disoriented person |
| unlawful intererence with another persons possession of land | trespass to land |
| protection of yourself and others in the area from harm, imminent threat of harm | self defense and defense of others |
| written, oral , apparent or implied by law | consent |
| apparent consent | a reasonable person would infer from the patients conduct that consent was given |
| implied consent | when a person is unable of giving or denying conset |
| allows nurses to interfere with the patients property rights to avoid threatened injury | necessity |
| the right to protection against unreasonable and unwarranted interferences of an individuals solitude | invasion of privacy |
| injury to anothers reputation | defamation |
| libel defamation | written communication |
| slander | oral communication |
| federal and state laws requiring disclosure of health related information to proper agencies for public protection such as vital statistivs, birth, deaths, child abuse, elder abuse, communicable diseases | disclosure statutes |
| statutory laws permitting acess to patient records and information without permission | access laws |
| the liability of a manufacturer processor or nonmanufacturing seller for injury to a person or a persons property by a product | product liability |
| manufacturer or others in the chain of distribution breached the warranty | breach of warranty liabitity |
| product is dangerous due to manufacturing flaw or inadequate labeling | strict liability action |
| several manufactureers cooperate in a wrongful activity | collective liability |
| at least two manufactureers commit wrongful acts, one of which injuries a person but dont know which one | alternative liabitity |
| personal data | name, birthdate, gender, occupation, martial status, contact person |
| financial data | employer, health insurance provider, person responsible for payment |
| medical data | H&P, Dx,Tx, medical tests, consents, progress notes, discharge summary |
| who owns the medical record | the hospital asministrator |
| desctription of where the act has ocurred at | venue |
| how is a deposition used at trial | read it to the jury, show it to the jury and for cross examination |
| motions in limine | in which certain issues will not be brought out in trial because they are to off themark. Judge will decide the parameters of what can and cannot be said |
| mediation | sit down and see if this can be worked out before trial |
| questioning of the jury to decide who should be on the jury | voir dire |
| plaintiffs evidence | live testimony, reading or showing records, experts, defendants testimony, paper discovery |
| defendants evidence | attorney decides what is the best way to go |
| rulling by judge | decides what is allowed to be talked about |
| closing arguments | full of emotion, recap of all issues and statements |
| opening statements | what will the evidence be in this case and what it will show |
| justy instructions | instruction to tell what the issues are and how they have to decide what to do about them |
| the verdict | who wins |
| JNOV-judgment not with-standing the verdict | the judge comes in and gives the opposite verdict of the jury |
| appellate process | briefs, arguments, reverse or affirm, no actions by parties during appellate process |
Created by:
dnoyes
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