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Chapter 5
Professional liability
| Term | Definition |
|---|---|
| Law of Agency | The law that governs the relationship between a principal and his or her agent |
| Liable | Legally responsible or obligated |
| Standard of care | The level of performance expected of a health care practitioner in carrying out his or her professional duties |
| Duty of care | The legal obligation of health care workers to patients and, sometimes, nonpatients |
| Reasonable person standard | The standard of behavior that judges a persons actions in a situation according to what a reasonable person would or would not do under similar circumstances |
| Malfeasance | The performance of a totally wrongful and unlawful act |
| Misfeasance | The performance of a lawful act in an illegal or improper manner |
| Nonfeasance | The failure to act when one should |
| Res Ipsa Loquitur | "The thing that speaks for itself" also known as the doctrine of common knowledge. A situation that is so obviously negligent that no expert witnesses need be called. |
| Damages | Court ordered monetary awards to patients, given as a result of legally recognized injuries to patients. |
| Wrongful death statutes | State statutes that allows a persons beneficiaries to collect for loss to the estate of the deceased for future earnings when a death is judged to have been due to negligence |
| Summons | A written notification issued by the clerk of the court and delivered with a copy of the complaint to the defendant in a lawsuit, directing him or her to respond to the charges brought in a court of law |
| Subpoena | A legal document requiring the recipient to appear as a witness in court or to give a deposition |
| Deposition | Sworn testimony given and recorded outside the courtroom during the pretrial phase of the case |
| Interrrogatory | A written set of questions requiring written answers from a plaintiff or defendant under oath |
| Subpoena duces tecum | A legal document requiring the recipient to bring certain written records to court to be used as evidence in a lawsuit |
| Testimony | Statements sworn to under oath by witnesses testifying in court and giving depositions |
| Alternative dispute resolution (ADR) | Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court |
| Consent | Permission from a person, either expressed or implied, for something to be done by another |
| Doctrine of informed consent | The legal basis for informed consent, usually outlined in a state's medical practice acts |
| Good samaritan acts | State laws protecting physicians and sometimes other health care practitioners and laypersons from charges of negligence or abandonment if they stop to help the victim of an accident or other emergency |
| Agent | One who acts for another |
| Respondeat superior | Physician is responsible for acts of employee |
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