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Medical law chp1
Medical law and ethics chap 1 us legal system
| Term | Definition |
|---|---|
| Administrative Law | Establishes laws between citizens and government agencies and provides certain power to the agencies to enforce these laws and regulations |
| Admissions of fact | Discovery Technique that asks the opposing party to admit or deny any material fact or the authenticity of documents to be introduced into evidence at trial |
| Appellate court | A court that hears appeal from lower court decisions |
| Assault | threat or attempt to inflict bodily harm on a person |
| Battery | Bodily harm of another |
| Civil Lawsuit | noncriminal lawsuit for damages |
| Common Law | law of precedents built on a case by case basis |
| Battery (Medical field) | treating patient with out consent |
| Criminal Law | State or federal government law covering violations of a written criminal code or statue |
| Defendant | person or entity sued |
| Discovery | Process of gathering information in preparation of a trial |
| Executive Branch | President of U.S. or governor of an individual state Can propose laws, veto power, enforce laws and establish agencies |
| Federal Court | Court jurisdiction over u.s. constitution and federal statues |
| Felony | Serious crime punishable by large fines/imprisonment for more than a year |
| In Personam Jurisdiction | courts power to adjudicate cases filed against a specific individual |
| In rem jurisdiction | property disputes |
| interrogatory | pretrial set of questions that must be answered in writing under oath and returned in given time frame |
| Judicial Branch | Federal constitutional court system. Interpets legislation and determines its constitutionality |
| Jurisdiction | Authority given by law to a court to try cases and rule on legal matters within a geographical area |
| Law | The foundation of statutes, rules,regulations that governs people |
| Legislative Branch | U.S. house of representatives and senate and any similar state legislature that develops statutory law |
| Malpractice | Failure of a professional to meet the standard of conduct that a reasonable and prudent member of the profession would exercise in similar circumstances- it results in harm |
| Medical Ethics | Principles based on the medical profession that determines moral behavior |
| Medical Law | Laws prescribed to pertain specifically to med field |
| Misdemeanor | Lesser crime punishable by modest fines- imprisonment of less than 1 year |
| Negligence | Failure to use such care as a reasonably prudent and careful person would use |
| Plaintiff | person bringing a suit/claim |
| Res Ipsa Loquitur | "the thing speaks for itself" proof that there was negligence |
| Standard of care | average knowledge and expertise that one can expect from a healthcare professional in the same area or field |
| Stare decisis | "to stand by the thing decided" |
| state supreme court | highest court in any given state |
| statute | written laws enacted by the state or fed legislative branch |
| Statute of limitations | defense against a tort action |
| statutory law | written laws usually enacted by legislative body, that include regulatory, administrative and common laws |
| Supreme Court of the U.S | Highest court. |
| Tort | wrongful act that results in injury to another person, property or reputation |
| Writ of certiorari | order a higher court issues to review the decision and proceedings in a lower court |