Med Law

Front 1

Law- a system of rules that defines socially acceptable behavior and sets punishments for violations
3 bodies of govt

Back 1

Legislative- make law
Executive- enforce law
Judicial- interpret law

Front 2

define Public law

Back 2

governs relations b/t people & govt

Front 3

define private law

Back 3

b/t non-govt entities

Front 4

define real property-land

Back 4

land & everything attached to it

Front 5

define personal property

Back 5

everything else

Front 6

2 types of civil law:

Back 6

- contracts- legally binding agreement
- torts
(both oral and written; express or implied)

Front 7

Elements of a contract: ‘CLAM-CO’

Back 7

- Competent parties-legal age & sound mind
- Mutual agreement
- Legal subject matter
- Consideration
- Acceptance
- Offer

Front 8

Government contracts

Back 8

- Enabling statues- how handled
- Administrative law- Federal Acquisition Regulation (FAR)
- Prescriptive statues- small biz, organized labor, veterans, depressed areas discriminatory)

Front 9

Remedies sought in contract

Back 9

. specific performance- do what u promised
- damages- $$$$

Front 10

What is a defense?

Back 10

A legal excuse

Front 11

What are the types of contract defenses?

Back 11

-Elemental
-Sovereign Immunity
-Res Judicata- no trial;
-Performance
-Frustration already decided
-Impossibility
-Statute of Limitations (4-6yrs)

Front 12

Tort- non-contractual, civil wrong committed against person or their property for which a court may award a remedy in damages.

Back 12

Medical- contract to cure

Front 13

Identify statutory law: (legislative law)

Back 13

- all end in Act; Tucker Act, Patient Self Determination Act
- except: UCMJ & Statutes of limitations

Front 14

Identify Common law: (judge made law)

Back 14

- name vs. name
(Feres, Roe v. Wade, Schloendorf)

Front 15

Administrative law (rules/regulations of agency); OSHA, FDA, DoD Regs

Back 15

. The common rule (universal)
*research done on people

Front 16

Difference between contract law & government contracts

Back 16

- contract law is about common law, not true in gov’t contracts

Front 17

Types of torts: ‘SIN’

Back 17

- Strict liability
- Intentional
- Negligence

Front 18

Define Strict liability

Back 18

-people will be held responsible for damage even though they did not act negligently or intend to cause any loss or harm.ie. unleash a dangerous instrument (tiger, certain dog breeds, vaccines)

Front 19

Define Intentional – FABO-DIVA

Back 19

1)False imprisonment
2)Assault- fear or assumption of battery
3)Battery- unconsented touching likely to cause harm
4)Outrage
5)Defamation (slander- oral, libel-written)
6)Infliction of emotional distress
7)Violation of rights of privacy
8)Abandonment

Front 20

Define Negligence

Back 20

- Duty, Breach of duty, Injury, Causation

Front 21

What 2 things must you have for an intentional tort?

Back 21

- doing the thing
- likelihood of causing harm

Front 22

what are the Damages in tort

Back 22

-Punitive
-Compensatory

Front 23

what are Punitive damages

Back 23

- punish wrong doer & prevent others from committing

Front 24

what are Compensatory damages

Back 24

general- pain & suffering
specific- lost wages
***May be substantial or nominal

Front 25

Define Negligent Medical Tort

Back 25

Failure to meet the standard of care

Front 26

how to avoid Negligent Medical Tort

Back 26

- Consult
- Refer
- Obtain informed consent
- Abandonment
- Breach of confidentiality

Front 27

10 Medical Defenses:

Back 27

-Elemental - Truth
-Good Samaritan
-Res Judicata
-Assumption of risk Contributory negligence
-Comparative negligence
-Charitable immunity Sovereign immunity
-Statute of limitations- 2yrs

Front 28

Legally actionable negligence

Back 28

- duty- meet std of care
- negligent breach of duty
- injury * caused by above
- causation

Front 29

Individual Liability

Back 29

Negligent before liability

Front 30

corporate Liability

Back 30

-corp neg
-vicarious liability- person held liable 4 someone elses actions
-Corp had duty & breached duty
- Corp held liable 4 employees negligent scope torts

Front 31

Respondeat Superior

Back 31

let the master answer (makes employer responsible)

Front 32

Medical standard of care:

Back 32

“To act as reasonable & prudent _PA__ would act under similar circumstances.”

Front 33

Application of std of care
National or professional rule:

Back 33

Brune v. Belinkoff

Front 34

Application of std of care
Locality Rule:

Back 34

Small v. Howard

Front 35

When do you need expert medical testimony:

Back 35

- beyond the ken of avg laymen (ken= knowledge)
- the thing speaks for itself- Res Ipsa Loquitor (ie. infection, scarring)

Front 36

Define causation

Back 36

- had the individual had the information before procedure, they would not have had the procedure- ‘Canterbury Case’

Front 37

Define Res Ipsa Loquitor “thing speaks for itself”

Back 37

- Laymen would understand
- Expert testimony NOT REQUIRED

Front 38

3 Conditions of Res Ipsa Loquitor

Back 38

- event would not normally occur
- cause was within exclusive control of defendant
- no negligence on part of defendant

Front 39

4 Situations of Res Ipsa Loquitor

Back 39

- wrong patient
- wrong limb/body part
- explosion or fire
- foreign body left in patient

Front 40

Two sides to informed decision making

Back 40

Informed consent & Informed refusal

Front 41

Elements of informed decision making

Back 41

- Decision making capacity
- Information
-Voluntarinessconsent/refusal
-Agreement / Request
- Declination/ Refusal

Front 42

Decision making capacity

Back 42

- (sound mind/legal age)
able to: take in information, process information, communicate information

Front 43

Consent not required for what situations

Back 43

- Emergency
- Therapeutic Privilege
- Treatment by Court Order
- Treatment required by Law
- Non-consensual treatment permitted by Law

Front 44

Ways in which surrogates may make decisions

Back 44

- Patients best interest
- Surrogates substituted judgment (act as the patient would have wanted)

Front 45

What are the state’s interests?

Back 45

- Preservation of Life
- Prevent Suicide
- Protect Innocent 3rd Parties
- Protect ethical integrity of healthcare professionals

Front 46

Patient self determination act requires:

Back 46

- pts be told about their right to refuse care & right to execute advance directives

Front 47

what was the outcome of the Schloendorff case

Back 47

Every human being of adult years and sound mind has right to determine what shall be done with his own body

Front 48

***Most quoted in medical law***

Back 48

*Schloendorff

Front 49

what was the outcome of Judge Cardoza 1914

Back 49

RIGHT OF INFORMED CONSENT

Front 50

Required Care for Military

Back 50

- Emergency
- Immunizations
- Isolation /Quarantine
- Detention on closed wards
- Medical care related to mental disorders
- Diagnostic procedures
- Physical exams

Front 51

2 types of Advanced Directives

Back 51

- Durable POA
- Living Will

* some states- DNR orders

Front 52

Living will

Back 52

Requires terminal condition
Relies on health care providers

Front 53

Durable POA

Back 53

Takes effect upon loss of decision making capacity
Employs a named agent
Grants decision making power for any medical situation

Front 54

What is the difference b/special & general damages?

Back 54

- $pecial- objective (numerical value)
cost of repairs, loss of earnings, medical expenses, etc..
-General- subjective
pain & suffering, impairment, loss of enjoyment of life (Hedonic damages/loss of pleasure)

Front 55

. Federal Tort Claims Act (civil law & statuatory federal law)

Back 55

The FTCA provides a limited waiver of the federal government's sovereign immunity when its employees are negligent within the scope of their employment.
(allows suit & protects us from damages)

Front 56

Federal Tort Claims Act RULES

Back 56

- Two year statutory of limits
- Trial by judge alone
- Trial in U.S. District Court- bottom level trial court
(where problem occurred or where the plaintiff lives)
- No limit on damages
- No punitive damages

Front 57

When does the FTCA not apply?

Back 57

- intentional tort; except of law enforcement officers
- in foreign countries
- involving combatant parties
- service members injured incident to service or while exercising a military

Front 58

what is the status of retirees

Back 58

retirees are treated like civilians

Front 59

Can you sue if active duty-was he/she going about business as required for their job?

Back 59

NO
WHY??

Front 60

what determins ability to sue military

Back 60

look at the status of the primarily injured persons (retirees are treated like civilians)

Front 61

Feres Doctrine

Back 61

- applies to both FTCA & Military Claims Act

Front 62

What is the rationale behind the Feres Act?

Back 62

- a system of compensation exists for military members
- it is necessary to maintain military discipline

Front 63

Military Claims Act

Back 63

- operates overseas as the FTCA operates in the US
* except it is administrative only