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chapter 4
| Term | Definition |
|---|---|
| Constitutional Law | law based on the U.S constitution that defines the powers of government |
| Case law | Law created by court decision and judicial rulings |
| Criminal law | law that deals with crimes against society or the state like assault, theft and murder |
| Civil law | Law that deals with disputes between individuals or organizations |
| Felony | A serious crime punishable by imprisonment for more than one year. |
| Misdemeanor | A less serious crime punishable by fines or imprisonment |
| Tort | A civil wrong that causes harm or injury to another person |
| Unintentional Tort | Harm caused without intent usually through negligence or carelessness |
| Intentional tort | harm caused on purpose such as assault or battery |
| contract | A voluntary legal agreement between two or more parties |
| Substantive law | Law that defines rights and duties such as negligence or a crime |
| Procedural Law | Law that describes how the legal process works including court procedures and rules. |
| Liability | Being legally responsible for ones actions or omissions |
| Standard of care | The level of care a reasonably competent healthcare professional would provide under similar circumstances |
| Duty of care | The legal obligation to act in a way that prevents harm to others |
| Assumption of risk | A legal doctrine stating that a person accepts known risks and therefore may not recover damages |
| Good samaritan act | Laws that protect individuals who voluntarily give emergency care from legal liabilty |
| State preemption | When state law overrides local laws on the same issue |
| Subpoena duces tecum | A court order requiring a person to produce documents or records |
| Respondeat superior | A employer can be held legally responsible for the actions of employees |
| Res ipsa loquitur | Legal doctrine used when negligence is obvious even without direct evidence |
| Res judicata | court making the final decision |
| Nonfeasance | Failure to act when there is a duty to do so |
| Malfeasance | doing something illegal |
| Misfeasance | Doing a mistake |
| Duces tecum | Court order requiring a person to produce documents or records |
| Ghost surgery | When a different surgeon performs a procedure than the one the patient consented to |
| Statue of limitations | The time limit within which a lawsuit must be filed |
| Negligence | Failure to act as a reasonably prudent healthcare professional would |
| Scope of practice | The legal boundaries of what a healthcare professional is allowed to do |
| Duty of care | A legal obligation to provide care |
| Dereliction | Failure to meet the standard of care |
| Direct cause | The breach directly caused the injury |
| Damages | Actual harm or injury |
| Abandonment | the unilateral termination of the physician-patient relationship without reasonable notice. |
| bioethics | The branch of ethics that deals with moral issues in healthcare, medicine and life sciences |
| Living will | A legal document stating a persons wishes about medical treatment if they become unable to communicate |
| Ethics | Moral principles that govern right and wrong behavior |
| law | A system of rules enforced by government authority that regulates behavior |
| Medical practice acts | State laws that define licensure requirements, scope of practice, Grounds for discipline |