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Rad Law Ch2.3
Medical Law
| Question | Answer |
|---|---|
| Discovery rule | legal theory that provides that the statute of limitations begins to run at the time should have known of the injury |
| Endorsement | an approval or sanction |
| Good Samaritan Laws | state laws that help protect healthcare professionals and ordinary citizens from liability while giving emergency care to accident victims |
| Guardian ad litem | court-appointed guardian to represent a minor or unborn child in litigation |
| Prudent person rule | the healthcare professional must provide the information that a prudent, reasonable person woudl want before making a decision about treatment or refusal treatment; aka-responsible person standard |
| Reciprocity | the cooperation fo one state in granting a license to practice medicine to a physician already licensed in another state; can be applied to other licensed professionals such as nurses and pharmacists |
| Respondeat superior | "let the master answer"; means the employer is responsible for the actions of the employee |
| Revoke | take away, as in revoke license |
| Risk management | a practice to minimize the incidence of problem behavior that might result in injury to the patient and liability for the organization |
| Standard of care | the ordinary skill and care that medical practitioners use and that is commonly used by other medical practitioners in the same locality when caring for paients; what another medical professional would consider appropriate care in similar circumstances |
| Statute of limitations | the period of time that a patient has to file a lawsuit |
| Administrative law | branch of law that covers regfulations set by government agencies |
| Assault | imminent apprehension of bodily harm |
| Battery | bodily harm and unlawful touching (touching without consent of patient) |
| Beyond a reasonable doubt | evidence that is almost an absolute certainty that a person did commit a crime |
| Breach | neglect of an understanding between two parties; failing to perform a legal duty |
| Breach of contract | the failure, without legal excuse, to perform any promise or to carry out any of the terms of an agreement; failure to perform a contractual duty |
| Case law | based on decisions made by judges; aka common law |
| Checks and balances | designed by framers of the Constitution so that no one branch of government would have more power than another so that each branch of government is scrutinized by other branches of government |
| Civil law | relationships between individuals or between individuals and the government, which are not criminal |
| Class action lawsuit | lawsuit filed by one or more people on behalf of a larger group of people who are all affected by the same situation |
| Closing arguments | closing speech or summary made by the attorneys for both the plaintiff and the defendant |
| Common law | based on decisions made by judges; aka case law |
| Competent | capable of making a decision without mental condusion due to drugs, alcohol, or other reasons |
| Consideration | in contract law, condeideration is something of value given as part of the agreement |
| Constitutional law | the invioable rights, privileges, or immunities secured and protected for each citizen by the Constitution of the US or by the sinstitution of each state |
| Contract law | that division of law that includes enforceable promises and agreements between two or more persons to do or not do a particulat thing |
| Criminal case | one in which court action is brought by the government against a person or groups of people accused of commiting of crime, resulting in a fine or imprisonment if found guilty |
| Criminal laws | set up to protect the public from the harmful acts of others |
| Defamation of character | making false and/or malicious statements about another person; includes libel and slander |
| Defendant | person or group of people sued civilly or prosecuted criminally in a court of law |
| Deposition | oral testimony that is made before a public officer of the court to be used in a lawsuit |
| Discovery | the legal process by which facts are discovered before a trial |
| Embezzlement | the illegal appropriation of property, usually money, by a person entrusted with its possession |
| Expert witness | a medical practioner or other expert who, through education, training, or experience, has special knowledge about a subject and gives testimony about that subject in court, usually for free |
| Expressed contract | an agreement that is entered into orally or in writing |
| Felony | a serious crime that carries a punishment of death or imprisonment for mor than one year: murder, rape, robbery, and practicing medicine without a license |
| Fraudulent | deceitful |
| Implied contract | an agreement that is made through inference by signs, inaction, or silence |
| Indictment | a written charge presented to the court by the grand jury against a defendant |
| Intentional torts | occurs when the patient is injured as a result of the healthcare processional's not exercising the ordinary standard of care; negligence |
| Jurisdiction | the power to hear a case |
| Libel | any publication in print, writing, pictures, or signs that injures the reputation of another person |
| Litigation | a dispute that has resulted in one party suing another |
| Misdemeanors | less serious offenses than felonies; punishable by fines or imprisonment of up to one year; traffic violations, disturbing the peace |
| Plaintiff | a person or group of people suing another person or group of people; the person who instigates the lawsuit |
| Pleadings | formal written statements |
| Preponderance of evidence | evidence showing that more likely than not the incident occurred |
| Prosecutor | a person who brings a criminal lawsuit on behalf of the government |
| Regulations | rules or laws made by agencies |
| Slander | speaking false and malicious words concerning another person that brings injury to his or her reputation |
| Stare decisis | "let the decision stand" |
| Statutes | laws enacted by state and federal legislatures |
| Subpoena | court order for a person or documents to appear in court |
| Subpoena duces tecum | "under penalty take with you"; a court oder requiring a person to appear in court and to bring certain records or other material to a trial or a deposition |
| Summary judgement | judge's ruling to end a lawsuit without a trial based on a matter of law presented in pleadings |
| Tort | a civil injury, or wrongful act, committed against another person or property that results in harm and is compensated in money damages |
| Tort law | that division of law that covers acts that result in harm to another; covers wrongful acts |
| Unintentional torts | occure when the patient is injured as a result of the healthcare professional's not exercising the ordinary standard of care |
| Waive | give up a right |
| Standard of care | the professional must exercise the type of care that a "reasonable" person would use in a similar circumstance |
Created by:
smweckler
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