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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 |