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Flavin MLE wk 2 19
Flavin MLE Ch 6 & 7 Malpractice & Torts Exam 2019
| Question | Answer |
|---|---|
| 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. |
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