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med 149
chapter 5
| 3 things physician/employers are liable for | Employment buildings and grounds, automobiles, and employee safety |
| standard of care | the level of performance expected of a healthcare practitioner in carrying out professional duties. |
| duty of care | the legal obligation of health care workers to patients and sometimes nonpatients |
| reasonable person standard | that 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 |
| confidentiality | the act of holding information in confidence, not to be released to unauthorized individuals. |
| tort of negligence 4 D's | Duty, dereliction, damage, direct cause |
| duty | the person charged with negligence owed a duty of care to the accuser |
| dereliction | the health care provider breached the duty of care to the patient |
| damage | court ordered monetary awards to patient given as a result of legallly recognized injuries to patients. |
| direct cause | the breach of the duty of care to the patient was a direct cause of the patients injury |
| alternate dispute resolution | Consist of techniques for resolving civil disputes without going to court. |
| liable | legally responsible or obligated |
| malfeasance | the performance of a lawful act in an illegal or improper manner |
| nonfeasance | the failure to act when one should |
| res ipsa loquitur | Literally, “the thing speaks for itself”; a situation that is so obviously negligent that no expert witnesses need be called. Also known as the doctrine of common knowledge. |
| wrongful death statue | state statues that allow a persons beneficiaries to collect for loss to the estate of the deceased for future earnings when a death is judges to have been due too negligence |
| negligence | an unintentional tort alleged when one may have performed an act that a reasonable person would not or would have done in similar circumstances |
| deposition | sworn testimony given and recorded outside the courtroom during the pretrial phase of the case. |
| interrogatory | a written set of questions requiring written answers from a plaintiff or defendant under oath |
| prevailed communication | information held confidential within a protected relationship |
| subpoena | a legal document requiring the recipient to appear as a witness in court or to give a deposition |
| subpoena | legal document requiring the recipient to appear as a witness in court or to give a deposition |
| subpoena duces tecum | A legal document requiring the recipient to bring certain written records to court to be used as evidence in a lawsuit. |
| 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. |
| testimony | statements sworn to under oath by witnesses testifying in court and giving depositions |
Created by:
kelsey2214