The
person who complains; the accuser; he who brings suit.
Plaintiff
The use
of force or violence upon the person of another "treatment without
consecnt".
Battery
The
accused: he who denies or defends against the accusations of another.
Defendant
The
cause of the injury was closely related to the defendant's negligence.
Proximate Cause
An
exception to the hearsay rule. Evidence admissible even though may be
"hearsay".
Res Gestae
"The
thing speaks for itself". Obvious charge. Circumstantial evidence doctrine:
nature of the injury strongly or obviously implicates negligence.
Res Ipsa Loquitor
Defamation
of character by verbal statements.
Slander
The
order which requires you to appear in court
Subpoena
Written
testimony; under oath, in response to interrogation (written and/or oral
questioning).
Deposition
Being
held legally responsible for negligent acts
Liability
Legal
limit on the time a person has to file a suit in a civil matter when an injury
occurs or when an injured person discovered the injury
Statute of limitation
Failure
to act in such a way as to avoid harm to others
Breach of duty
Wrongful
injury .A civil wrong.
Tort
Laws
exempting physicians and other medical professionals from liability for
treatment given in accident case.
Good Samaritan Law
Wrongful
defamation
libel
The lag
between the time when an injury occurs and the claim is settled
long tail
term referring to professional negligence
malpractice
Insurance covering a professional for
malpractice and personal liability theoretically covers a professional only for
malpractice liability
professional liability insurance
Vicarious liability of the employer for the
negligent actions oh his employees
respondent superior
Acts performed or omitted that a prudent
practitioner would have not done, degree of care, judgment and skill of a
competent nurse in like or similar circumstance. Based on testing
standard of care
Let the decision stand, legal principle that
previous decisions made by the court should be applied to new cases
stie decises(precedent)
Limits of the nursing practice as defined by the
state statutes
scope of practice
Action of an individual which gives another
person apprehension of immediate harm
assault
Phys responsible for those under their
supervision
captain of the ship doctrine
Damage of the reputation and good name of an
individual by communication to others
defamation
A professional familiar with the procedure
involved in the suit, who can testify as to whether or not there was a
deviation from expected care
expert witness
Once who is called to testify to the facts or
occurrence in a case
Fact witness
Holds the individual liable for all consequences
of any negligent act which could or should have been foreseen under the
circumstances
forseeability
Four elements
1 duty owned to plaintiff by the defendant to use due care
2 duty was breached
3plantiff was injured or damaged
4injury caused by defendants negligence
Exposure of a person to risk of injury by a
commissive or ommissive action
negligence
Protection against interference which is serious
or beyond the limits of a common idea of decent conduct