Medical Law And Ethics

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A body of regulations that govern society and that people are obligated to observe.

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Law

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The US Constitution divides the federal government into three equal branches

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The legislative branch, the executive branch, and the judicial branch

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The branch of government that passes laws is called what

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Legislative branch

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This branch of government implement's
laws

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Executive branch

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This branch of government interprets laws

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Judicial branch

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Law that derives authority from ancient usages and customs affirmed by court judgments and decrees.

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Common law

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It is created by the judicial branch through decisions in court cases.

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Law dealing with criminal offenses and their punishments.

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Criminal law

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The legal rights defining the relationship between private entities.

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Private law

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The legal rights defining the relationship between the government and the governed.

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Public Law

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Law established by judicial decision in legal cases and used as legal precedent.

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Case law

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The person or group accused in a court action

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Defendant

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A person who files a lawsuit initiating a civil legal action

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Plaintiff

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A party to a lawsuit

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Litigant

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A lawsuit or a contest in court

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Litigation

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The power, right, and authority given to a court to hear a case and to make a judgment

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Jurisdiction

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An individual who does not have training in a specific profession

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Layperson

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An act that violates a criminal law

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Crime

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A person who has committed a crime or who has been proven guilty of a crime

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Criminal

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A person who contributes to or aids in the commission of a crime, by either a direct or an indirect act

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Accessory

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An offense punishable by death or by imprisonment in a state or federal prison

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Felony

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It is a serious crime, such as murder, kidnapping, assault, or rape

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A crime that is less serious than a felony and consequently carries a lesser penalty.

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Misdemeanor

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It is punishable by fine or by imprisonment in a facility other than a prison for less than one year

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A civil wrong committed against a person or property, excluding a breach of contract

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Tort

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When one person intentionally harms another, the law allows the injured party to seek remedy in a civil suit.

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A civil wrong committed against a person or property, excluding a breach of contract

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Tort

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When one person intentionally harms another, the law allows the injured party to seek remedy in a civil suit.

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The most common civil claim in medical law

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Tort

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A civil wrong committed against a person or property, excluding a breach of contract

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Tort

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When one person intentionally harms another, the law allows the injured party to seek remedy in a civil suit.

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The most common civil claim in medical law

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Tort

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Assault, battery, defamation of character, false imprisonment, fraud, invasion of privacy, trespass, and infliction of emotional distress

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Intentional torts

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May also be crimes

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A willful attempt or threat by a person to injure another person with the apparent ability to do so

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Assault

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Spoken or written words about a person that are both false and malicious and that injure that person's reputation or means of livelihood and for which damages can be recovered

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Defamation

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Can take the form of libel or slander

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Defamatory writing, such as published material or pictures

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Libel

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Defamatory spoken words

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Slander

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The intentional, unlawful restraint or confinement of a person. Refusing to dismiss a patient from a healthcare facility upon his or her request or preventing a patient from leaving the facility may be seen as?

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False imprisonment

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Dishonest and deceitful practices undertaken in order to induce someone to part with something of value or a legal right

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Fraud

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Dishonest and deceitful practices undertaken in order to induce someone to part with something of value or a legal right

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Fraud

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Intrusion into a person's private affairs and public disclosure of private facts about a person, false publicity about a person, or use of a person's name or likeness without permission. Improper use of or breaching the confidentiality of medical records may be seen as?

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Invasion of privacy

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Intentionally or recklessly causing emotional or mental suffering to others

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Infliction of emotional distress

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The unlawful use of force on a person. Also, nonconsensual or illegal touching of another person.

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Battery

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Wrongful injury or interference with the property of another

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Trespass

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The act of breaking and entering into a building with intent to commit a felony, especially in order to steal. In a medical building, most attempts are made to steal narcotics.

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Burglary

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Bringing legal action with malice and without probable cause

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Miss use of legal procedure

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The more common torts with in the healthcare delivery system. Acts that are not intended to cause harm but are committed unreasonably or with a disregard for the consequences. In legal terms, this constitutes negligence. Negligence is charged when a healthcare practitioner fails to exercise ordinary care and a patient is injured as a result.

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Unintentional torts

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A person who commits a tort either intentionally or unintentionally

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Tortfeasor

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There are both federal and state court systems, and each system has two types of court; lower and higher, or inferior and superior

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Court system

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The highest state court. It's decisions are generally final in matters of state law. This is the final court of appeal, the highest court in the United States, sometimes also referred to as the court of last resort.

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Supreme Court

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A legal proceeding by which a case is transferred from a lower to a higher court for rehearing

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Appeal

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A legal proceeding by which a case is transferred from a lower to a higher court for rehearing

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Appeal

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And application made to a court or judge to obtain an order, ruling, or direction.

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Motion

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A legal proceeding by which a case is transferred from a lower to a higher court for rehearing

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Appeal

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And application made to a court or judge to obtain an order, ruling, or direction.

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Motion

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The hearing and determination of a case in controversy, without litigation, by a person chosen by the parties involved or appointed under statutory authority.

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Arbitration

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An official paper issued by the clerk of the court and delivered with a copy of the complaint to the defendant, directing him or her to respond to the charges

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Summons

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An official paper issued by the clerk of the court and delivered with a copy of the complaint to the defendant, directing him or her to respond to the charges

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Summons

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An official paper ordering a person to appear in court under penalty for failure to do so

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Subpoena

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An official paper issued by the clerk of the court and delivered with a copy of the complaint to the defendant, directing him or her to respond to the charges

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Summons

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An official paper ordering a person to appear in court under penalty for failure to do so

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Subpoena

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A legal document requiring the recipient to bring certain records to court to be used as evidence in a lawsuit

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Subpoena duces tecum

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A person who can testify under oath to events he or she has heard or observed, such as the signing of a will or a consent form

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Witness

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Statements sworn to under oath by witnesses testifying in court and giving depositions

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Testimony

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Sworn pre-trial testimony given by a witness in response to written or oral questions and cross examination. It is made before a public officer for use in a lawsuit, and it may also be presented at the trial if the witness cannot be present.

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Deposition

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Sworn pre-trial testimony given by a witness in response to written or oral questions and cross examination. It is made before a public officer for use in a lawsuit, and it may also be presented at the trial if the witness cannot be present.

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Deposition

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The voluntary violation of an oath to tell the truth; also, a false statement made under oath

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Perjury

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Formal written questions about a case, addressed to one party by another, that are required to be answered under direction of a court

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Interrogatory

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Formal written questions about a case, addressed to one party by another, that are required to be answered under direction of a court

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Interrogatory

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The quality or power of a witness to inspire belief

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Credibility

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Formal written questions about a case, addressed to one party by another, that are required to be answered under direction of a court

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Interrogatory

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The quality or power of a witness to inspire belief

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Credibility

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The final settlement of a case in criminal law

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Disposition

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Formal written questions about a case, addressed to one party by another, that are required to be answered under direction of a court

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Interrogatory

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The quality or power of a witness to inspire belief

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Credibility

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The final settlement of a case in criminal law

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Disposition

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The finding or decision reached by a jury or judge on the matter submitted to trial

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Verdict

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Formal written questions about a case, addressed to one party by another, that are required to be answered under direction of a court

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Interrogatory

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The quality or power of a witness to inspire belief

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Credibility

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The final settlement of a case in criminal law

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Disposition

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The finding or decision reached by a jury or judge on the matter submitted to trial

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Verdict

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

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Assumption of risk

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Formal written questions about a case, addressed to one party by another, that are required to be answered under direction of a court

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Interrogatory

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The quality or power of a witness to inspire belief

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Credibility

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The final settlement of a case in criminal law

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Disposition

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The finding or decision reached by a jury or judge on the matter submitted to trial

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Verdict

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

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Assumption of risk

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The task of presenting testimony to prove guilt or innocence at a trial

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Burden of proof

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The person bringing charges in a lawsuit

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Plaintiff

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

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Statute of limitations