Hpr 106 Law/ethics Terms Chapter 5

Front 1

affirmative defenses

Back 1

Defenses used by defendants in medical professional liability suits that allow the accused to present factual evidence that the patient's condition was caused by some factor other than the defendant's negligence.

Front 2

assumption of risk

Back 2

A legal defense that holds that the defendant is not guilty of a negligent act because the plaintiff knew of and accepted beforehand any risks involved.

Front 3

claims-made insurance

Back 3

A type of liability insurance that covers the insured only for those claims made (not for any injury occurring) while the policy is in force.

Front 4

comparative negligence

Back 4

An affirmative defense claimed by the defendant, alleging that the plaintiff contributed to the injury by a certain degree.

Front 5

contributory negligence

Back 5

An affirmative defense that alleges the plaintiff, through a lack of care, caused or contributed to his or her own injury.

Front 6

denial

Back 6

A defense that claims innocence of the charges or that one or more of the four Ds of negligence are lacking.

Front 7

emergency

Back 7

A type of affirmative defense in which the person who comes to the aid of a victim in an emergency is not held liable under certain circumstances.

Front 8

liability insurance

Back 8

Contract coverage for potential damages incurred as a result of a negligent act.

Front 9

occurrence insurance

Back 9

A type of liability insurance that covers the insured for any claims arising from an incident that occurred, or is alleged to have ocured, during the time the policy is in force, regardless of when the claim is made.

Front 10

prior acts coverage

Back 10

A supplement to a claims-made insurance policy that can be purchased from a new carrier when health care practitioners change carriers.

Front 11

release of tortfeasor

Back 11

A technical defense that prohibits a lawsuit against the person who caused an injury (the tortfeasor) if he or she was expressly released from further liability in the settlement of a suit.

Front 12

res judicata

Back 12

"The thing has been decided." A claim cannot be retried between the same parties if it has already been legally resolved.

Front 13

self-insurance coverage

Back 13

An insurance coverage option whereby insured subscribers contribute to a trust fund to be used in paying potential damage awards.

Front 14

statute of limitations

Back 14

The period of time established by state law during which a lawsuit may be filed.

Front 15

tail coverage

Back 15

An option available for insurance coverage for health care practitioners when a claims-made policy is discontinued it extends coverage for those dates that claims-made coverage was in effect.

Front 16

technical defenses

Back 16

Defenses used in a lawsuit that are based on legal technicalities.