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MED149
Chapter 4 Key Terms
| Term | Definition |
|---|---|
| Administrative Law | Enabling statues enacted to define powers and procedures when an agency is created. |
| Breach of Contract | Failure of either party to comply with the terms of a legally valid contract. |
| Case Law | Law established through common law and legal precedent. |
| Civil Law | Law that involves wrongful acts against persons. |
| Common Law | The body of unwritten law developed in England, primarily from judicial decisions based on custom and tradition. |
| Constitutional Law | Law that derives from federal and state constitutions. |
| Contract | A voluntary agreement between two parties in which specific promises are made for a consideration. |
| Criminal Law | Law that involves crimes against the state. |
| Defendant | The person or party against whom criminal or civil charges are brought in a lawsuit. |
| Executive Order | A rule or regulation issued by the president of the United States that becomes law without the prior approval of Congress. |
| Felony | An offense punishable by death or by imprisonment in a state or federal prison for more than one year. |
| Jurisdiction | The power of a court to hear and decide a case before it. |
| Legal Precendents | Decisions made by judges in various courts that become rule of law and apply to future cases, even though they were not enacted by legislation. |
| Minor | Anyone under the age of majority: 18 years in most states, 21 years in some jurisdictions. |
| Misdemeanor | Crime punishable by fine or by imprisonment in a facility other than a prison for less than one year. |
| Negligence | An unintentional tort alleged when one may have performed or failed to perform an act that a reasonable person would or would not have done in similar circumstances. |
| Plaintiff | The person bringing charges in a lawsuit. |
| Procedural Law | Law that defines the rules used to enforce substantive law. |
| Prosecution | The government as plaintiff in a criminal case. |
| Statute of Frauds | State legislation governing written contracts. |
| Statutory Law | Law passed by the U.S. Congress or state legislatures. |
| Substantive Law | The statutory or written law that defines and regulates legal rights and obligations. |
| Tort | A civil wrong committed against a person or property, excluding breach of contract. |
| Tortfeasor | The person guilty of committing a tort. |
| Void | Without legal force or effect. |
| Intentional | actions done on purpose, by design, or with conscious planning rather than by accident. |
| Liability | the state of being responsible for something, especially by law. |
| Standard of Care | Level of performance expected of health care worker carrying out dutes. |
| Duty of Care | Obligations of health care workers to patients/non-patients. |
| Assumption of Risk | legal doctrine preventing a plaintiff from recovering damages for negligence if they voluntarily and knowingly exposed themselves to a known, inherent danger. |
| Good Samaritan Act | 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 emergencies. |
| State preemption | legal doctrine where a higher level of government (state) limits or eliminates the power of a lower level of government (local/municipal) to regulate specific issues. |
| Subpoena Duces Tecum | A legal document requiring the recipient to bring certain records to court to be used as evidence in a lawsuit. |
| Respondeat Superior | Literally, "Let the master answer." A doctrine under which an employer is legally liable for the acts of employees, if such acts were performed within the scope of the employees'' duties. |
| Res Judicata | claim preclusion, is a legal doctrine ("a matter judged") preventing the same parties from re-litigating a claim or issue already decided by a competent court. |
| Nonfeasance | The failure to act when one should. |
| Misfeasance | Performance of a lawful act in an illegal or improper manner. |
| Ghost Surgery | occurs when a patient consents to a specific surgeon but, while under anesthesia, a different, often less experienced or unauthorized, person performs the operation. |
| Statute of Limitations | legal rule that sets the maximum time after an event for initiating legal proceedings, preventing outdated claims and ensuring evidence remains reliable. |
| Negligence | The failure to exercise reasonable care, resulting in foreseeable harm, injury, or property damage to another. It is a central concept in tort law, established by four key elements—duty of care, breach, causation, and damages. |
| Scope of practice | defines the boundaries of services a licensed professional, especially in healthcare, is legally permitted and competent to perform, based on their education, training, and state regulations |
| Dereliction | the state of having been abandoned and become dilapidated. |
| Direct Cause | the immediate, primary factor that directly leads to an event, injury, or outcome without significant intervening, independent causes. |
| Damages | are monetary compensation awarded by a court to a party who has suffered loss or injury, typically due to another's breach of contract or tortious act. |
| Bioethics | he interdisciplinary study of moral, legal, and social issues arising from advancements in healthcare, biotechnology, and life sciences |
| Living Will | a legal, written advance directive specifying your preferences for end-of-life medical care—such as intubation, feeding tubes, or resuscitation—if you become incapacitated. |
| Ethics | moral principles that govern a person's behavior or the conducting of an activity. |
| Law | structured system of rules, regulations, and principles created by governmental or societal institutions to govern conduct, maintain order, protect rights, and resolve disputes. |
| Medical Practice Acts | are state laws designed to protect the public by regulating the practice of medicine, defining licensure requirements, and establishing state medical boards to enforce these standards. |
| Malfeansance | Performance of a totally wrongful and unlawful act. |
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