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17 Cards in this Set

  • Front
  • Back

What is the means by which the facts of a case are proved or disproved?

evidence

What is the internal destruction, mutilation, alteration or concealment of evidence?

spoilation

What is issued by the court if there is a concern that info may be destroyed in cases of current litigation, audit, or gov. investigation?

Legal Hold

What is real tangible or clear evidence of a fact, happening or thing that requires no thinking or consideration to prove its existence?

Direct Evidence

What is evidence in a trial which is not directly from an eye-witness or participant and requires some reasoning to prove a fact?

Circumstantial Evidence

What evidence is actual objects, pics, models, and other devices that are supposedly intended to clarify the facts for the judge and jury?

Demonstrative Evidence

What as a general rule is not admissible as evidence unless one of several hearsay exceptions applies?

Hearsay Rule

What are the means through which occurrences that are inconsistent with a healthcare facility's routine patient care practices or operations are documented?

Incident reports

Should incident reports be put in the patients health record?

No

What is data about data that resides outside the record that is normally released upon request?

Metadata

What is evidence having a tendency to make the existence of any fact more probable or less probable?

Relevant evidence

What is a type of tort in which the defendant does not necessarily intend to cause harm but harm is a foreseeable consequence of his or her conduct?

Negligence

A rule under which in order to prove the contents of a writing, recording, or photograph, the original writing, recording, or photograph is required?

Best Evidence rule

What is a rule under which a record is determined not to be hearsay if it was made at or near the time by, or from info transmitted by a person with knowledge, and it was kept in the course business?

Business records exception

What is a civil wrong for which the law provides a remedy in the form of a lawsuit to recover damages?

Tort

When can health info be used for evidence?

in cases involving custody, civil cases, criminal cases

This defines the process of e-discovery by using terminology that is meaningful to both healthcare providers and vendors?

Electronic Discovery Reference Model