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17 Cards in this Set

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A defense that claims innocence of the charges or that one or more of the 4 D's of negligence are lacking?
Denial
Defenses used by defendants in medical professionals liability suits that allow the accused to present factual evidence that the patient's condition was caused by some factor other than the defendent's negligence?
Affirmative defenses
An affirmative defense that alleges the plaintiff, through lack of care, caused or contributed to his/her own injury?
Contributory Negligence
An affirmative defense claimed by the defendent, alleging that the plaintiff contributed to the injury by a certain degree?
Comparatrive Negligence
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?
Assumption of risk
A legal defense that holds that the defendant is not guilty of a negligent act because the plaintiff know of and accepted beforehand any risks involved?
Assumption of risk
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?
Emergency
Defenses used in a lawsuit that are based on legal technicalities?
Technical defenses
Technical defense that prohibits a lawsuit against the person who caused an injury (tortfeasor) if he/she was expressly released from further liability in the settlement?
Release of tortfeasor
"The thing has been decided." A claim can not be retried between the same parties if it has already been legally resolved?
Res judicata
The period of time established by state law during which a lawsuit may be filed?
Statute of limitations
Contract coverage for potential damages incurred as a result of a negligent act?
Liability insurance
A type of liability insurance that covers the insured only for those claims made(not for any injury) while the policy is in force?
Claims-maid insurance
Type of liability insurance that covers the insured for any claims arising from an incident that occured, during the policy is in force, regardless of when the claim is made?
Occurrence insurance
(claims-incurred ins.)
An option available for insurance coverage for health car practioners when a claims-made policy is discontinued it extends coverage for those dates that claims-maid coverages was in effect?
Tail coverage
A supplement to a claims-maid insurance policy that can be purchased from a new carrier when health care practioners change carriers?
Prior act coverage
An insurance coverage option whereby insured subscibers contribute to a trust fund to be used in paying potential damage awards?
Self-insurance coverage