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79 Cards in this Set

  • Front
  • Back
also called common law, this is based on decisions made by judges
CASE LAW
relationships between individuals or between individuals and the government which are not criminal
CIVIL LAW
also called case law, this is based on decisions made by judges
COMMON LAW
the inviolable rights, privileges, or immunities secured and protected for each citizen by the Constitution of the US or by the constitution of each state
CONSTITUTIONAL LAW
that division of law that includes enforceable promises and agreements between two or more persons to do or not do a particular thing
CONTRACT LAW
an unintentional action that occurs when a person either performs or fails to perform an action that a "reasonable" person would or would have committed in a similar situation
NEGLIGENCE
laws enacted by state and federal legislatures
STATUTES
a civil inquiry, or wrongful act, committed against another person or property that results in harm and is compensated in money damages
TORT
that division of law that covers acts that result in harm to another, covers wrongful acts
TORT LAW
withdrawing medical care from a patient without providing sufficient notice to the patient
ABANDONMENT
a branch of law that covers regulations set by governmental agencies
ADMINISTRATIVE LAW
neglect of an understanding between two parties, failing to perform a legal duty
BREACH
the failure, without legal excuse, to perform any promise or to carry out any of the terms of an agreement, failure to perform a contractual duty
BREACH OF CONTRACT
capable of making a decision without mental confusion due to drugs, alcohol or other reasons
COMPETENT
one in which court action is brought by the government against a person or groups of people accused of committing a crime, resulting in a fine or imprisonment if found guilty
CRIMINAL CASE
set up to protect the public from the harmful acts of others
CRIMINAL LAWS
oral testimony that is made before a public officer of the court to be used in a lawsuit
DEPOSITION
the legal process by which facts are discovered before a trial
DISCOVERY
medical practitioner or expert who, through education, training or experience, has special knowledge about a subject and gives testimony about that subject in court, usually for a fee
EXPERT WITNESS
an agreement that is entered into orally
EXPRESSED AGREEMENT
a serous crime that carries a punishment of death or imprisonment for more than one year.
FELONY
Rape, murder, robbery, practicing medicine without a license are all examples of
FELONY
an agreement that is made through inference by signs, inaction, or silence
IMPLIED CONTRACT
a dispute that has resulted in one party suing another
LITIGATION
less serious offenses than felonies; punishable by fines or imprisonment of up to one year.
MISDEMEANORS
traffic violations and disturbing the peace are examples of
MISDEMEANORS
court order for a person or documents to appear in court
SUBPOENA
to give up a right
WAIVE
an approval or sanction
ENDORSEMENT
the cooperation of one state in granting a license to practice medicine to a physician already licensed in another state.
RECIPROCITY
to take away, as in taking away a license
REVOKE
legal theory that provides that the statute of limitations begins to run at the time the injury is discovered or when the patient should have known about the injury.
DISCOVERY RULE
the ordinary skill and care that medical practitioners use and that is commonly used by other medical practitioners in the same locality when caring for patients; what another medical professional would consider appropriate care in similar circumstances.
STANDARD OF CARE
the period of time a patient has to file a lawsuit
STATUTE OF LIMITATIONS
a legal agreement in which physicians agree to share a facility and staff but do not, as a rule, share responsibility for the legal actions of each other.
ASSOCIATE PRACTICE
a type of medical practice, as established by law, that is managed by a board of directors.
CORPORATION
a type of managed care that combines the concepts of HMP and PPO.
EXCLUSIVE PROVIDER ORGANIZATION (EPO)
Three or more physicians who share the same facility and practice medicine together.
GROUP PRACTICE
a type of managed care plan that offers a range of health services to plan members for a predetermined fee per member by a limited group of providers.
HEALTH MAINTENANCE ORGANIZATION (HMO)
a legal agreement in which two or more physicians share the business operation of a medical practice and become responsible for the actions of the other partners.
PARTNERSHIP
a managed care concept in which the patient must use a medical provider who is under contract with the insurer for an agreed-upon fee in order to receive copayment for the insurer.
PREFERRED PROVIDER ORGANIZATION (PPO)
a type of medical practice in which one physician may employ other physicians.
SOLE PROPRIETORSHIP
a medical practice in which the physician works alone
SOLO PRACTICE
Doctor of Chiropractic
DC
Doctor of Dental Medicine
DMD
Doctor of Osteopathy
DO
Doctor of Philosophy
PhD
Doctor of podiatric medicine
DPM
occupational therapist
OT
Emergency Medical Technician
EMT
Physical Therapist
PT
refers to the ordinary skill and care that medical practitioners such as physicians, nurses, physician assistants, medical assistants, and phlebotomists must use
Standard of Care
laws that help protect health care professionals from liability while giving emergency are
Good Samaritan Laws
limit
CAP
an amount of money awarded by the court to make up for loss of income or emotional pain and suffering
COMPENSATORY DAMAGES
neglect, as in neglect of duty
DERELICTION
the continuous sequence of events, unbroken by an interviewing cause, that produces an injury and without which the injury would not have occurred
DIRECT CAUSE
obligation or responsibility
DUTY
doing an act or performing a duty
FEASANCE
performing an illegal act
MALFEASANCE
a slight or token payment awarded by the court
NOMINAL DAMAGES
the failure to perform an action when necessary
NON FEASANCE
the injury was closely related to the defendants negligence
PROXIMATE
also called exemplary damages, monetary award by a court to a person who has been harmed in an especially malicious and willful way, meant to punish the offender
PUNITIVE DAMAGES
methods for resolving a civil dispute that do not involve going to the court
ALTERNATIVE DISPUTE RESOLUTION (ADR)
submitting a dispute for resolution to a person other than a judge
ARBITRATION
legal responsibility for one's own actions
LIABLE
using the opinion of a third party to resolve a civil dispute in a nonbinding decision
MEDIATION
additional component to an insurance policy
RIDER
the act of determining the outcome of a case outside a courtroom; settling a case is not an indication of legal wrongdoing
SETTLE
What are the four D's of negligence?
Duty
Derelection of Duty
Direct or prodimate cuase
Damges
What is an example of an unintentional tort?
NEGLIGENCE
filed by one or more people on behalf of a larger group of people
CLASS ACTION LAWSUIT
when the plaintiff or defendant asks a higher court to review the decision
APPEAL
True or False?
Medical Practice Acts vary from state to state?
TRUE
a graduate from accredited school and pass national exam of competency
LICENSURE
meet standards set by accreditation body and pass national exam of competency
CERTIFICATION
an ordinary skill and care that must be used by medical practitioners
STANDARD OF CARE
a practice used to control or minimize the incidence of problem behavior that might result in injury to patients and employees and liability for physician/employer
RISK MANAGEMENT