Certified Nurse Legal Terms Study Stack
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| Actual Agency | Exists when the employer exerts actual control over the employee
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| Administrative Law | Derives its power from agencies created and empowered by the executuve branch of government; Example: The state Board of Nursing is empowerd to discipline nurses.
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| Affadavit | A voluntary statement, notarized. In some states medical expert opinions must be in the form of an affadavit.
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| ACHA | Agency for Health Care administration. Agency designated to regulate and license health care facilities.
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| Apparent Agency | Exists when a person gives the impression of an employee but is not-example agency nurse.
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| Assault | A threat to another person.
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| Assumption of Risk | A defense used most commonly in auto case. When a plaintiff exposed themselves to the danger of the thing causing injury to the plaintiff.
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| Battery | Intentional, unconsented touching of another person.
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| Borrowed Servant | An empolyee of one corporation (hospital) is temporarily borrowed by another borrower(i.e. Doctor) and the borrower will be held liable for the employees negligent acts.
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| Breach of Duty | The standard of care for that type of specialty and a determination of whether there has been an act of omission or commission.
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| Burden of Proof | The duty to provide evidence necessary to establish or dispute a fact in court; Criminal burden of proof's standard is "beyond a reasonable doubt". Civil burden of proof is "Greater Weight of evidence".
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| Captain of the Ship | A legal doctrine by which the healthcare professional in charge may be held liable for the acts of those directly under their supervision.
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| Causation | Occurs when the breach of duty or standard of care results in the harm or injury that has occurred to the patient or the plaintiff.
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| Civil Law | Involves violations of individual rights.
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| Common Law | derives its power fro the judicuary; judges make the ruling in cases and those rulings can be referred by another judge in a similar case.
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| Constitutional Law | Derives its power from the constitution. Example: Right to free speech, right to privacy.
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| Contract Law | Involves agreements between parties.
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| Contract | A legally enforceable agreement between two parties in which each agrees to do something.
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| Criminal Law | Involves the punishment of individuals who break the law.
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| Curriculum Vitae | A resume of academic achievements and professional positions.
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| Damages | Injury suffered by the plaintiff; damages can include pain and suffering, mental anguish, disfigurement, loss of wages, loss of enjoyment in life, medical bills, future and past surgeries.
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| Defendent | The person or party being sued.
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| Demonstrative | An artistic rendering of evidence. The real evidence used to highlight or demonstrate evidence.
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| Depositions | An oral examination of any person that a party believes has relevant information.
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| Deposition Summary | A written, short , concise , abbreviated paraphrase of a lengthy deposition.
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| Discovery | A process to obtain information formally and informally.
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| Duty | Occurs when a health care provider accepts responsibilty for a patient.
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| Exhibit | Graphics , boards, blowups, instruments, weapons, and other demonstrative objects other then testimony that can be percieved by the senses that can be presented in the courtroom meditation.
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| General Negligence | Failure of a person to act as a reasonable person should under similar circumstances.
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| Hearsay | An out of court statement used to prove the truth of the matter asserted. Hearsay is not allowed in court to be used as evidence.
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| Hearsay (exception) | The rules regulating when hearsay is allowed to be heard and considered as evidence by a jury.
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| Interrogatories | Set of questions that one party submits to another and which must be answered under oath. a discovery tool.
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| JCAHO | The Joint Commission of Accreditation of Healthcare Organizations that sets a minimum level of quality in medical care setting.
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| Liability | The obligation of one party to another.
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| Litigation | This phase is initiated when a complaint is filed with the court and served upon the defendent.
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| Medical Malpractice | Professional negligence arising from the improper practice of the healthcare professional.
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| Medical Negligence | The failure of a healthcare provider to act as other healthcare providers would have under similar circumstances.
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| Mitigation | Plaintiffs' injury is reduced by factors.
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| Mitigating Damages | Factors that diminsh the value of a lawsuit.
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| Motion in Limine | Used to excluded evidence irrevlevant or inflammatory with no probative value.
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| Negligence General | The failure to meet the standard case required of a reasonably prudent person would do under the circumstances.
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| Ostensible Authority | Synonymous with "apparent agency"
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| Physical Examination | An adverse party may require a physical or mental examiniation of a person by an " impartial " doctor.
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| Plaintiff | The person who brings a lawsuit against another.
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| Pre-litigation | The period of time prior to the filing of a lawsuit against another.
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| Products Liability | An area of law involving manufacturer or retailers placement of an unreasonably unsafe product, used by an intended consumer causing injury to that same consumer.
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| Proximate Cause | An act or injury that is directly caused or responsible for an injury.
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| Real Evidence | Consists of an object or material that was once part of the original controversy. Example: "The actual needle".
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| Request for Admission | Written requests by one party asking another party the truth of uncontroverted facts.
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| Request for Production | A discovery tool. A formal written request of photos, relevant non-priviledged documents. Includes medical record, x-rays, medical bills.
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| Res Ipsa | The thing speaks for itself.a situation or happening
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| Loquitor | that is self-evident
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| Respondeat Superior | The legal theory under which the employer is held liable for the acts of the employee
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| Risk Management | A managed care program directed at reducing lawsuits; avoiding lawsuits; and reducing risk on the workplace.
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| Scope of Practice | The range of activities, actions set by policy as the domain of practice.
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| Source of Law | Consitutional Law, Common Law, Administrative Law, and Statuary Law.
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| Standard of Care (S.O.C.) | The norm of the paractice standards derived from the state, federallaw, professional standards.
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| Stare Decisis | Legal Doctrine meaning to stand by things decided, similar cases resulting in similar decisions.
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| Statutes | Laws enacted by the state and federal legislation. For Example: state statutes regulates how nurses and doctors and other professionals are to practice, regulates nursing home, assisted living facilities, and home health agencies & how must provide care.
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| Statute of Limitation | A legal time allowed for filing a civil lawsuit.
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| Suit | An action of civil court.
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| Vicarious Liability | " taking the place of another". Refers to the imposition of liability upon another incurred as a result of their relationship with easch other. Similar to Respondeat Superior.
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| Voir Dire | The jury selection process when in court and questions are asked by both sides in order to determine the competency, values by both sides in order to determine the competency, values, and prejudices of the potential juror.
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| Wrongful Death | A type of lawsuit brought on behalf of a deceased person's beneficiaries.
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| Supoena | A court order compelling a witness to appear at trial or deposition.
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