Law And Ethics Chapter 6

Front 1

Play defense strategy that allows the defendant to prevent the argument that the patient's condition was the result of factors other than negligence on the defendant's part

Back 1

Affirmative defense

Front 2

The procedure for settling disputes by means other than litigation

Back 2

Alternative dispute resolution

Front 3

Person or persons of signed by the court to mediate in civil suit

Back 3

Arbitrator

Front 4

A legal defense that a search that the plaintiff was aware of risk and accepted the risk with the activity involved

Back 4

Assumption of risk

Front 5

A legal defense that proves the plaintiff's own actions or lack of actions contributed to the damage is done

Back 5

Comparative negligence or contributory negligence

Front 6

The award of the amount given to the plaintiff in a court case to reimburse the plaintiff for loss of income or pain and suffering

Back 6

Compensatory damages

Front 7

The an acknowledgement of a person to the risk and alternative involved in a treatment as well as permission for the treatment to be performed

Back 7

Consent

Front 8

The actual injury or loss suffered by a defendant in a suit usually given a monetary award by the court based on the extent of loss or injury

Back 8

Damages

Front 9

The physician's practice of ordering unnecessary tests and other procedures to protect the position from lawsuits

Back 9

Defensive medicine

Front 10

Legal assertion of innocence made only if all four elements of negligence or false

Back 10

Denial

Front 11

And neglect or negligence of one's duty

Back 11

Dereliction of duty

Front 12

In a negligence case. Correspondence between the dereliction of duty and the actual damage sustained by the plaintiff

Back 12

Direct cause

Front 13

Law or statute that states the statue of limitations does not begin until discovery of the diagnosis or injury

Back 13

Discovery rule

Front 14

In a malpractice suit the proof of responsibility of the parties involved

Back 14

Duty

Front 15

Law providing community for those who render health care for an emergency or disaster without reimbursement

Back 15

Good Samaritan Law

Front 16

Same as consent but the medical field system becomes more detailed listing and covering all possible risk and potential prognosis is for having a treatment or procedure performed and the alternatives available

Back 16

Informed consent

Front 17

Legal responsibility for a person's own actions

Back 17

Liable

Front 18

Highly inclined to sue

Back 18

Litigious

Front 19

Performance of an illegal act

Back 19

Malfeasance

Front 20

The failure of a professional to meet the standard of conduct that a reasonable and prudent member of the same profession would exercise in similar circumstances and results in harm

Back 20

Malpractice

Front 21

The process by which a neutral third party who is trained in mediation technique facilitates and assist in resolving a dispute

Back 21

Mediation

Front 22

Poor performance of a duty or action causing damage

Back 22

Misfeasance

Front 23

The failure to use such care as a reasonably prudent and careful person would use under similar circumstances an act of omission or failure to do what a person or ordinary prudence would have done under similar circumstances

Back 23

Negligence

Front 24

A small payment or award given by the court

Back 24

Nominal damages

Front 25

A failure to perform an action when needed

Back 25

Nonfeasance

Front 26

An award granted by the courts to punish the defendant for the damages done based on a malicious or intentional act

Back 26

Punitive damages

Front 27

Law that asserts that once the person causing damage is released from further liability in a previous suit settlement he or she cannot be held liable in a subsequent suit

Back 27

Release of tortfeasor

Front 28

Law that forbids suing a subsequent time for the same damage its once a case has already been resolved

Back 28

Res judicata

Front 29

Legal doctrine stating that in many circumstances and employer's responsibility for the actions of employees performed within the course of the employment

Back 29

Respondeat superior

Front 30

Legal agreement that is reached between two parties in a civil matter

Back 30

Settlement

Front 31

Defense against a tort action requires that a claim be filed within a specific amount of time of discovering that A wrong has been committed

Back 31

Statute of limitations

Front 32

And Latin phrase meaning under penalty take it with you, used in medical egalitarian matters to subpoena a provider or facility to prevent the defendants file or records when appearing in court

Back 32

Subpoena duces tecum