medical law and ethics
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| Respondeat Superior | show 🗑
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| show | While most cases reflect legal actions against physician, all people working in the medical profession can be sued.
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| show | Professional misconduct or demonstration of an unreasonable lack or skill with the result of injury, loss, or damage to the patient.
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| show | Which is often an unintentional action, occurs when a person either performs or fails to perform an action that is reasonable professional person would or would not have to perform in a similar situation.
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| show | When a person is injured they sue under tort law('A wrongful act against another person") the unintentional tort of negligence is the most often cause of lawsuits for healthcare professionals.
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| show | A jury in a negligence trial would have to determine if a reasonable professional person would have done the same action.
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| show | Malpractice is the wrongdoing or negligence committed by professional person, such as a medical professional.
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| The Tort Of Negligence | show 🗑
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| Malfeasance | show 🗑
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| Misfeasance | show 🗑
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| show | The failure to perform a necessary action.
Same as mission there not doing there job at all.
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| show | In order to obtain a judgment for negligence against a physician (defendant) the patient (plaintiff) must be able to show all four of the D's, Duty,Dereliction of duty,Direct and Proximate cause cause and damages.
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| show | Takes place when there is an obligation established between the physician and the patient.
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| The D's -Dereliction of duty | show 🗑
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| show | The dereliction or breach of duty was the direct cause of the pt;s injury.
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| The D's -Damages | show 🗑
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| show | Meaning "the thing speaks for itself", applies to the law of negligence. This doctrine tells us that the breach(neglect) of duty is so obvious that it doesn't need further explanation it "speaks for itself"
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| Defendant | show 🗑
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| show | Are payments for the actual loss of income,emotional pain and suffering, or injury suffering by the pt.there are past current and future.
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| show | Also called exemplary damages, Its purpose is to serve punishment to the offender and a warning to others not to engage in malicious behavior.
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| show | Refer to slght or token payment to a pt to demonstrate that while there may not have been any physician harm don, the pts right were violated the award can be one dollar.
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| Wrongful-Death Statutes | show 🗑
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| Fraud | show 🗑
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| show | Every medical provider should be familiar with statues that affect their particular discipline.
A board that has rules and regulations.
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| show | In the past under common law tort immunity was granted to all charitable on the theory that the charity was only working for the public of the good, but its reject in almost all states.
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| Affirmative Defense | show 🗑
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| show | Isthe legal defense that prevents a plaintiff from recovering damages if the plaintiff voluntarily accepts a risk associated with the activity.
-informed consent cannot sue doc.
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| Contributory Negligence | show 🗑
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| show | Recovery of payment and pt recovers nothing.
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| show | 'The thing has been decided' or 'a matter decided by judgment", Cant sue the same case again for the same error.
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| Promise to cure | show 🗑
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| show | Governs the legal relationship formed between two people when one person agrees to perform work for another person.
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| Altered Medical Records | show 🗑
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| show | An agreement between both parties outside the courtroom, may result in a payment or other form os satisfaction
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| Liability Insurance | show 🗑
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| Two major types of liability are? | show 🗑
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| Claims-made Insurance | show 🗑
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| show | Covers the insured party for all injuries and incidents that occurred while the policy was in effect.
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| show | Physicians carry malpractice insurance to cover damages they must pay if they are sued for malpractice and lose and protects anybody that s out of there license board.
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| show | That more and more tests and procedures will be ordered for such pt to order a lawsuit.
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| show | Important events or VS in a persons life,such as birth and deaths are used by the government,public health agencies, and other institutions to determine population trends and needs
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| show | Also called the death rate, is the ratio of the number of deaths to total population in a given location.
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| show | Is the number of sick people or cases of disease in relationship to a specific population
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| show | The physician duty is to report these events the duty owed the public these duties include, births,stillbirths,deaths,knife wound,animal bites,disease,drug abuse,rape,gunshot,abuse of children,elders,spouse.marriage divorces.
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| show | Facts,Figures and statistics represents information about the individual pts life.
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| Births | show 🗑
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| show | Physicians sign a certificate indicating the cause of the natural death, the physician must include in the certification,-The date and time of death
-the cause of death,injures,complications
-How long the deceased person was treated for the decease .
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| Communicable Diseases | show 🗑
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| Communicable Diseases report should include? | show 🗑
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| The National Childhood Vaccine Injury Act | show 🗑
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| Required Children Vaccine | show 🗑
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| show | Requires reporting of all child abuse cases,to brgin to investigate questions of neglect and child abuse the state must have probable cause, which is a reasonable belief that something improper has happened.
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| Elder Abuse | show 🗑
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| Food and Drug Administration FDA | show 🗑
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