Midterm

Front 1

The body of rules that governs the duties and operations of federal/state administrative agencies, as commissions and boards. It empowers the agency to implement the rules and meet the intent of the statue.

Back 1

Administrative Law

Front 2

Systematic compilation of laws that deals with the core areas of private law.

Back 2

Civil Code

Front 3

Encompasses various areas of law, including but not limited to contract issues, intentional torts, and negligence, malpractice, labor, and privacy issues.

Back 3

Civil Law

Front 4

Originated from England with the Pilgrims and original settlers of the land. Since that time, each state’s courts have made decisions regarding civil and criminal cases.

Back 4

Common Law

Front 5

Concerned with violations against society based on the criminal statutes or code.

Back 5

Criminal Law

Front 6

A person or entity who is sued and defending against the allegations

Back 6

Defendent

Front 7

the second brance of government. The president or state governor proposes laws, vetoes laws proposed by the legislature, and enforces the laws.

Back 7

Executive Branch

Front 8

More serious crimes punishable by much larger fines and imprisonment for more than one year or, in some states, death.

Back 8

Felony

Front 9

Protect those who provide health care for an emergency or disaster without reimbursement.

Back 9

Good Samaritan Laws

Front 10

Written questions that must be answered in writing under oath.

Back 10

Interrogatories

Front 11

Develops/interprets the law. The source of the common law, which is the law that develops from the decisions made by courts.

Back 11

Judicial Branch

Front 12

Foundation of statutes, rules, and regulations that govern people, relationships, behaviors, and interactions with the state, society, and federal government. It provides order in resolving conflicts among individuals, corporations, states, and other entities.

Back 12

Law

Front 13

The first branch that develops statutory law.

Back 13

Legislative Branch

Front 14

Requires proof of a breach of a standard of care, and the breach must cause damage or harm.

Back 14

Malpractice

Front 15

Lesser crime punishable by fines established by the state and or imprisonment of less than one year.

Back 15

Misdemeanor

Front 16

A tort. It the cornerstone of malpractice case. A breach of established standards of care.

Back 16

Negligence

Front 17

The person bringing the suit.

Back 17

Plaintiff-

Front 18

The thing speaks for itself. The presumption means that the plaintiff does not have to prove that negligence occurred in order to recover from the defendant.

Back 18

ipsa loquitor

Front 19

Let the master answer. Ex. The employer can be sued on the basis that the employer had control, or should have had control over the actions of the nursing assistant.

Back 19

Respondeat superior

Front 20

The foundation of the law of the land is the Constitution. It grants certain powers to the federal government.

Back 20

Sources of law-

Front 21

Stand by things decided or adhere to decided cases.

Back 21

Stare decisis

Front 22

Requires that a case be brought within a specific time limit.

Back 22

Statutes of limitations

Front 23

A private or civil wrong or injury, and not a breach of contract, for which the court provides a remedy for damages.

Back 23

Tort

Front 24

Means resembling. These types of torts resemble intentional torts but are based on speech.

Back 24

Quasi-intentional tort

Front 25

Harmful or offensive touching of another without his or her consent or withouta legally justifiable reason.

Back 25

Battery

Front 26

Wrongfully damages the reputation of another person

Back 26

Defamation

Front 27

An individual's responsibility for his or her conduct for failure to meet a standard of care or for failure to perform a duty that causes harm to a client. It may be proved without demonstrating fault.

Back 27

Strict Liability

Front 28

Acceptance or approval of what is planned or done by another. It is implied in an emergency.

Back 28

Consent

Front 29

A civil wrongdoing that requires intentional interference with one's person, reputation, or property

Back 29

Intentional tort

Front 30

Placing someone in immediate fear or apprehension of a harmful or noxious touching without the patient's consent.

Back 30

Assault

Front 31

Unlawful detention of a person. The person is deprived of his personal liberty of movement against his will.

Back 31

False imprisonment

Front 32

A person who is self-employed and who enters into contracts to provide professional services.

Back 32

Independent contractor

Front 33

A type of professional liability insurance policy that covers injuries/damages only if the injury occurs in the policy period and only if the claim is reported or filed to the insurance company during the policy period or during the tail.

Back 33

Claims made policy

Front 34

An uninterrupted extension of the insurance policy period, also known as the extended reporting endorsement.

Back 34

Tail coverage

Front 35

The section that sets forth the generic provisions found in most policies of the same type.

Back 35

Policy jacket

Front 36

A small fee paid by each insured member and pooled by the insurer into a fund.

Back 36

Premium

Front 37

Professional liability insurance policy that covers injuries/ damages that occur during the period of covered by the policy even though the claim may be reported or filed outside the policy period.

Back 37

Occurrence basis policy

Front 38

coverage purchased in addition to a basic liability policy that provides additional amount limits and or adds coverage for events not covered in the basic policy.

Back 38

Umbrella coverage

Front 39

A person appointed to make a patient's medical decisions if the patient is unable to do so.

Back 39

Healthcare proxy

Front 40

the person who has not attained the age fixed for entering in to a legal contract or for making himself legally liable for his actions.

Back 40

Minor

Front 41

If an individual is incapable or incompetent to consent to the medical treatment, consent must be obtained in other ways.

Back 41

Surrogate decision maker

Front 42

The quality of being adequately or well qualified physically and intellectually.

Back 42

Competency

Front 43

An agreement to do something or to allow something to happen, made with complete knowledge of all facts.

Back 43

Informed consent

Front 44

A request not to have (CPR) done if the heart stops or breathing ceases.

Back 44

Do-not-resuscitate order

Front 45

A document signed by the competent patient that expresses their future healthcare wishes to be carried out when he can not make such decisions

Back 45

Living Will

Front 46

Allows a patient to choose someone to make medical decisions on their behalf when the patient is unable to do so.

Back 46

Medical durable power of attorney

Front 47

A controversial exception to the obligation to disclose all the risks of a proposed treatment may exist when the physician believes that informing the patient of such risks poses a threat of harm to the patient.

Back 47

Therapeutic privilege exception