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Flavin MLE wk 2 18

Flavin MLE Ch 6 & 7 Malpractice & Torts Exam 2018

QuestionAnswer
Consent The acknowledgment of a person (usually the patient) to the risk and alternatives involved in a treatment as well as permission for the treatment to be performed.
Fraud Deliberate, intentional act to mislead for financial gain.
Duty In a malpractice suit, the proof of responsibility of the parties involved.
Discovery Rule Law or statute that states the statute of limitations does not begin until the discovery of the diagnosis or injury.
Dereliction of duty A neglect or negligence of one's duty.
Denial Legal assertion of innocence; made only if all four elements of negligence are false.
Damages The actual injury or loss suffered by a defendant in a suit; usually given a monetary award by the court based on the extent of the loss or injury.
Good Samaritan law Law providing immunity for those who render healthcare for an emergency or disaster without reimbursement.
Liable Legal responsibility for a persons own actions.
Mediation The process by which a neutral third party who is trained in mediation techniques facilitates and assists in resolving a dispute.
Negligence The failure to use such care as a reasonably prudent and careful person would use under the circumstances; an act of omission or failure to do what a person of ordinary prudence would have done under similar circumstances.
Statute of limitations Defense against a tort action; requires that a claim be filed within a specific time of discovering that a wrong has been committed.
Assault A threat or attempt to inflict offensive physical contact or bodily harm on a person that puts the person in immediate danger of or in apprehension of such harm or contact.
Battery Bodily harm or unlawful touching of another. In the medical field, treating a patient without consent is considered battery.
Defamation Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held.
Libel Written, printed, or other visual communication that harms another person's reputation.
Intent The willful decision to bring about a prohibited consequence.
Malpractice The failure of a professional to meet the standard of conduct that a reasonable and prudent member of their profession would exercise in similar circumstances; results in harm.
Negligence The failure to use such care as a reasonably prudent and careful person would use under similar circumstances; an act of omission or failure to do what a person of ordinary prudence would have done under similar circumstances.
Slander Spoken or verbal communication in which one person discusses another in terms that harm the person's reputation.
Tort A wrongful act, not including a breach of contract or trust, that results in injury to another's person, property, reputation, or the like, and for which the injured party is entitled to compensation.
Trespass An unlawful intrusion that interferes with one's person, property.
A legal correction is: Corrected with 1 line through it. Your initials and date.
Created by: Iteach4Docs