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Civil law

Legal issues for Phlebotomy students

TermDefinition
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
Created by: Pbt2017