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Civil law
Legal issues for Phlebotomy students
| Term | Definition |
|---|---|
| Civil Law | Enforcement of public rights that are non-criminal laws |
| Tort Law | A branch of civil law |
| Assault | Threatening or causing bodily injury to another person. |
| Battery | Touching a patient without his/her consent |
| Defamation | Written/oral statement which causes harm to another person/third party |
| Slander | A defamatory statement that is spoken |
| Libel | A written/published defamatory statement |
| Fraud | Intentionally hiding the truth for unlawful gains |
| Negligence | A failure to exercise due care |
| Strict liability | Liability regardless of fault |
| Malpractice | A substandard delivery of care causing injury to a patient |
| Medical negligence | Failing to do something that should have been done |
| Medical malpractice | Deviation from the accepted medical standards of care causing injury or death |
| Duty to provide care | Did the defendant have a duty to provide care to the plaintiff |
| Breach of duty | It must be proven that there was a violation of the standard of care or negligent care given to the plaintiff |
| Direct cause | Proof that the beach of duty was the direct cause of injury to the plaintiff |
| Damages | Plaintiffs injury is reviewed and compensation is sought |
| Special damages | Dollar values for injury suffered by the individual, like medical bills or lost wages |
| General damages | No dollar value can be applied for pain and suffering |
| Punitive damages | Damages are set to punish the defendant for the negligence rather than compensating the plaintiff |