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legal issues
chapter 5 notes
| Question | Answer |
|---|---|
| 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 |