Unit 4
Quiz yourself by thinking what should be in
each of the black spaces below before clicking
on it to display the answer.
Help!
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| Invasion of privacy | Intrusion into a person's seclusion or into his or her private affairs
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| Assult | to openly threaten bodily harm to someone
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| Protocol | a code prescribing correct behavior in a specific situation, such as a situation arising in a medical office
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| Lay person | a person who is not a member of a given profession, as law or medicine.
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| Plea | 2.defendant's answer to charge: the defendant's answer to a charge in a court of law, especially one stating that he or she is guilty or not guilty
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| Subpoena | A legal document requiring the recipient to appear as a witness in court or to give a deposition
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| Defense Attorney |
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| Deposition | Sworn testimony given and recorded outside the courtroom during the pre-trial phase of the case.
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| Expert Witness | a physician called as a witness to testify to the standard of care regarding the matter in question;if defendant is a specialist, the witness is usually in the same specialty
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| Fraud | Dishonest or deceitful practices in depriving, or attempting to deprive, another of his or her rights
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| Contributory negligence | An affirmation defense that alleges that the plaintiff, through a lack of care, caused or contributed to his or her own injury.
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| Comparative negligence | an affirmative defense claimed by the defendent, alleging that the plaintiff contributed to the injury by a certain degree
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| Examination |
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| Defamation | damaging a person's reputation by making public statements that are both false and malicious
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| Liable | Accountable under the law
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| Liability Insurance | Offers finacial protection; attorney fees, damages, court costs, to cover self, to cover staff
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| Libel | Expressing through publication in print, writing, pictures, or signed statements that injure the reputation of another
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| Slander | The speaking of defamatory words intended to prejudice others against an individual in a manner that jeopardizes his or her reputation or means of livelihood.
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| Malfeasance | The performance of a totally wrongful and unlawful act.
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| Misfeasance: | The performance of a lawful act in an illegal or improper manner
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| Nonfeasance | The failure to act when one should
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| Duty of care | The legal obligation of health care workers to patients and sometimes nonpatients
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| Feasance | The performance of an act
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| Statute of limitations | that period of time established by state law during which a lawsuit may be filed
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| Tortfeasor | One who committed a tort (wrongful act)
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| Res Judicata | The thing has been decided. Legal principle that a claim cannot be retried between the same parties if it has already been legally resolved
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| Going bare | Another way of saying the physician has no liablility (Malpractice) insurance
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| Release of tortfeasor: | a technical defense that prohibits a lawsuit against a person who caused an injury (the tortfeasor) if he or she was expressly released from further liability in the settlement of a suit
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| The 4 C's of medical malpractice prevention | Clear, concise, complete, chronological
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| Battery | any bodily contact without permission
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| The 4 D's of nelgigance | Duty, Dereliction or Duty Breached, Direct Cause, Damages
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| Duty | the person charged with negligence owed a duty of care to the accuser
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| Dereliction or Duty breached | the health care provider breached the duty of care to the patient
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| Damages | There is a legally recognizable injury to the patientq
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| Malpractice | professional negligence
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| Commission | to perform in a way that a reasonable/prudent healthcare worker would not
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| Omission | Failure to perform an act a reasonable/prudent heatlhcare worker would perform
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| Contributory neligence | conduct by the patient which contributed to the harm the patient suffered. (Patient partly responsible) Not used in Wisconsin
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| Comparative negligence | Compared % of fault (both wrongdoers and patient) If wrongdoers fault is greater than the patient, the percentage affects monetary compensation
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| Res ipsa Loquitor: | The thing speaks for itself; Also known as the Doctrine of Common Knowledge, a situation that is so obviously negligent that no expert witnesses need to be called
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| Proximate cause | That which, in any natural and continuous sequence, unbroken by any intervening cause, produces injury
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| Risk Management | the taking of steps to minimize danger, hazard, and liability
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| Defensive Medicine | the practice or ordering and/or performing medical tests and procedures simply to protect against future liability and to contruct for patients a medical record that documents the health care provider's judgment.
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| Corporate compliance | prevention of criminal prosecutions/civil suits/reduce fines. Prevention against corporate wrong-doing conflicts of interest in business, adherence to laws and regulations
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| Conflict of Interest | A situation in which a person is faced with choosing between financial gain and his or her duty to provide the best possible medical care to patients
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| Sentinel Event | Unexpected occurrence involving death or serious physical or psychological injury to a patient
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| Credentialing | The process verifies a physician’s credentials,License, Malpractice history, Education and training, Hospital privileges, NPDB findings, Work history
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| Regulatory Compliance | a Compliance plan government regulations are upheld
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| CMS | Centers for Medicare and Medicaid
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| Joint Commission | heatlh care regulatory agency, voluntary
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| Quality Improvement/Quality Assurance | (QI) A program of measures taken by health care providers and practitioners to uphold the quality of patient care.
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