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13 Cards in this Set
- Front
- Back
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implies guarantee not met
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contract law
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alleged criminal activity
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criminal law
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private civil wrong not dependent on contract
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tort
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4 elements of tort
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1. duty
2. breach of duty 3. proximate cause 4. damage |
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-doctor owes a __ to patient when conduct
creates foreseeable risk -__ is created when patient and doctor interact personally for healthcare -face to face interaction in factor's office creates ___ |
duty
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-doctor fails to act as a reasonable provider-malpractice, expert witnesses, obvious error like wrong side surgery or leaving a sponge in wound, no consent
-national standard of care for specialists |
breach of duty
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facts show doctor caused injury
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actual cause
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if actual cause exists and the attorney can prove the harm sustained was foreseeable or not
extraordinary in hindsight |
legal cause
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-implies physical injury
-does not imply malpractice |
damage
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the process of explaining the advantages and disadvantages of treatment options including no treatment
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consent
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requires all transactions of patient healthcare info. be formatted in standard electronic style
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health insurance portability and accountability act (HIPPA)
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if malpractice existsL
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-contact your liability carrier
-continue to treat pt. optimally -do not alter the record -you can disengage from the pt. after suit is filed |
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employer is responsible for employee's conduct
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respondiat superior
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