-
respondeat superior
let the master answer
-
juris means
law , right , equity , or justice
-
prudentia means
skill or good judgment
-
a law enacted at the federal level , which must be passed by congress is called an
act
-
_____ are laws that have been enacted by state legislatures
statutes
-
city regulations local governments create and enact
ordinances
-
3 types of criminal law
- misdemeanors
- felonies
- treason
-
to ensure fair treatment under the law , all physicians are entitled to
due process
-
subcategory of misdemeanors for infractions are called
violations
-
_____ are minor offenses such as traffic tickets which are punishable only by a fine
infractions
-
criminal law
governs violations of the law punishable as offenses against the state or the federal government
-
civil law involve
relationships of individuals with other individuals , orgainzations , or government agencies
-
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)
-
a medical liabilty case often stems from a breach of trust or miscommunication between the physician and patients this is called
tort law
-
manifestation of assent
meeting of the minds
-
if no jury is present the judge decides the case this is called
bench trial
-
malfeasance
or performance of an act that is wholly wrongful and unlawful
-
misfeasance
improper performance of a lawful act
-
nonfeasance
failure to perfom an act that should have been performed
-
negligence is not presumed it must be
proven
-
4 D's
- duty
- dereliction
- direct cause
- damages
-
duty exists when
the physician-patient relationship has been established
-
dereliction
failure to perform a duty
-
direct cause
proof must exist that the patient was harmed directly because of the physician's actions
-
damages
the patient must prove that a loss or harm has resulted from the physician's action
-
types of damages
- nominal damages
- punitive damages
- compensatory damages
- general damages
- speical damages
-
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
-
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
-
compensatory damages
designed to compensate for any actual damages caused by the negligent person
the loss of an arm or leg
-
general damages
pain and suffering
-
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
-
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
-
generally when the patient is a minor consent for surgery or treatment must be obtained from a parent , guardian or
guardian ad litem
-
a ________ is a period of time after which a lawsuit cannot be filed.
statute of limitations
-
_____ is one of the most sacred trusts the patient places in the hands of the physician and staff
confidentiality
-
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
-
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
|
|
