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MAA Ch.3
Laws and Regulations Pt.1
| Term | Definition |
|---|---|
| Arbitration | the process in which conflicting parties in a dispute submit their differences to a court-appointed person (an arbitrator) |
| Arbitrator | The person who submits a legally binding decision |
| Common Law | Unwritten laws that come from judicial decisions based on societal traditions and customs |
| Damages | A monetary settlement that the defendant pays the plaintiff in a civil case for loss or injury |
| Declaratory Judgement | A court judgement that defines the legal rights of the parties involved |
| Defendant | An individual or a business against whom a lawsuit is filed |
| Defense | A strategy used by the defendant to avoid liability in a lwasuit |
| Deposition | A sworn testimony made by a court appointed officer; this is used during the "discovery phase" and can be used in the trial |
| Emancipated Minor | A minor who has been granted emancipation by the court; the minor can assume all of the rights and responsibilities of adulthood |
| Expert Witness | People who are educated and knowledgeable in the area of concern; they testify in court and act as an "expert fact witness" |
| Fact Witness | People who observed the situation and testified in court about the facts of the case |
| Incompetence | The state of being incompetent or lacking the ability to manage personal affairs due to mental deficiency; an appointed guardian or conservator manages the persons affairs |
| Injuction | A court order by which an individual or institution is required to perform or refrain from performing a certain action |
| Interrogatory | Written or oral questions that must be answered under oath |
| Liability | The state of being liable or responsible for something |
| Liable | Being legally responsible or obligated |
| Licensure | A mandatory process established by state law that ensures a person has met the legal standards for practicing an occupation in that state |
| Litigious | Prone to lawsuits |
| (LATIN TERM) locum tenens | "to substitute for": referring to physicians or advanced practice professionals who temporarily contract to provide healthcare services when a facility has vacancy, vocation or leave of absence |
| Malpractice | A type of negligence in which a licensed professional fails to provide the standard of care, causing harm to patients |
| Mature Minor | A person under the age of adulthood who demonstrates the maturity to make a personal healthcare decision and can give informed consent for treatment |
| Mediation | The process of facilitating parties to make an agreement, settlement, or compromise |
| Minor | One who has not reached 'adulthood" meaning, below ages 18-20 |
| Negligence | Failure to act as a reasonably prudent person would under similar circumstances; such conduct falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm |
| Patient Abandonment | A form of medical malpractice, also called "negligent termination" ; the provider ends the provider-patient relationship without reasonable or adequate notification |
| Plaintiff | An individual or a party who brings a lawsuit to court |
| Precedent | A prior court decision that serves as a model for similar legal cases in the future |
| (LATIN TERM) res ipsa loquitor | A Latin term meaning "the thing speaks for itself" |
| (LATIN TERM) res judicata | A Latin term meaning "a thing decided" |
| (LATIN TERM) respondent superior | A Latin term meaning "let the master answer" |
| Scope of practice | Range of responsibilities and practice guidelines that determine the boundaries within which a healthcare worker practice guidelines that determine the boundaries |
| Sentence | a penalty imposed by a court of law or other authority when a person is found guilty of a crime or not |
| Subpoena | A court order requiring a person to appear in court at a specific time to testify in a legal case |
| (LATIN TERMS) Subpoena Duces Tecum | A legal document commanding a person to bring in a piece of evidence to court |
| Telemedicine | The use of telecommunication tech. to bring healthcare services to patients at a distance ; it is usually used in rural services |
| Tort | A civil wrongdoing that causes harm to a person or property |
| Tortfeasor | The individual or entity who committed the tort whether intentionally or unintentionally |
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