law 2

  1. respondeat superior
    let the master answer
  2. juris means
    law , right , equity , or justice
  3. prudentia means
    skill or good judgment
  4. a law enacted at the federal level , which must be passed by congress is called an
  5. _____ are laws that have been enacted by state legislatures
  6. city regulations local governments create and enact
  7. 3 types of criminal law
    • misdemeanors
    • felonies
    • treason
  8. to ensure fair treatment under the law , all physicians are entitled to
    due process
  9. subcategory of misdemeanors for infractions are called
  10. _____ are minor offenses such as traffic tickets which are punishable only by a fine
  11. criminal law
    governs violations of the law punishable as offenses against the state or the federal government
  12. civil law involve
    relationships of individuals with other individuals , orgainzations , or government agencies
  13. 3 types of civil law
    tort: libel and slander ( provides a remedy for a person or group that has been harmed by the wrongful acts of others) 

    contract: an agreement that creates an obligation ( parking garage fees)

    administrative: regulations set forth by governmental agencies (IRS)
  14. a medical liabilty case often stems from a breach of trust or miscommunication between the physician and patients this is called
    tort law
  15. manifestation of assent
    meeting of the minds
  16. if no jury is present the judge decides the case this is called
    bench trial
  17. malfeasance
    or performance of an act that is wholly wrongful and unlawful
  18. misfeasance
    improper performance of a lawful act
  19. nonfeasance
    failure to perfom an act that should have been performed
  20. negligence is not presumed it must be
  21. 4 D's
    • duty
    • dereliction
    • direct cause
    • damages
  22. duty exists when
    the physician-patient relationship has been established
  23. dereliction
    failure to perform a duty
  24. direct cause
    proof must exist that the patient was harmed directly because of the physician's actions
  25. damages
    the patient must prove that a loss or harm has resulted from the physician's action
  26. types of damages
    • nominal damages
    • punitive damages
    • compensatory damages
    • general damages
    • speical damages
  27. nominal damages
    small awards that are token compensations for the invasion of a legal right in which no actual injury was suffered

    unauthorized medical facility employee accesses a patients medical records
  28. punitive damages also called exemplary damages
    designed to punish the parth who committed the wrong in such a way so as to deter repetition of the act
  29. compensatory damages
    designed to compensate for any actual damages caused by the negligent person

    the loss of an arm or leg
  30. general damages
    pain and suffering
  31. special damages
    injuries or losses that are not a necessary consequence of the physician's negligent act or omission

    loss of earnings or costs of travel
  32. informed consent include the following
    • patient's diagnosis if known
    • nature and purpose of the proposed treatment or procedure
    • risks and benefits of the proposed treatment or procedure
    • alternative treatments
    • risks and benefits or the alternative treatments
    • risks and benefits of not receiving or undergoing a treatment
  33. generally when the patient is a minor consent for surgery or treatment must be obtained from a parent , guardian or
    guardian ad litem
  34. a ________ is a period of time after which a lawsuit cannot be filed.
    statute of limitations
  35. _____ is one of the most sacred trusts the patient places in the hands of the physician and staff
  36. revocation or suspension 3 categories
    unprofessional conduct: failure to uphold the ethical standards of the medical profession, betrayal of a patient confidence , giving or receiving rebates , and excessive use of narcotics or alcohol

    personal or professinal incapacity: incapacity is difficult to label or prove. advanced age or an injury may reduce the apparent capacity of some physicians

    conviction of a crime: felonies , murder , rape , larceny and narcotic violations
  37. four elements to a valid contract
    meeting of the minds or manifestation of assent

    involve legal subject matter

    legal capacity to enter into a contract

    consideration must be offered
Card Set
law 2
law 2