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79 Cards in this Set
- Front
- Back
also called common law, this is based on decisions made by judges
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CASE LAW
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relationships between individuals or between individuals and the government which are not criminal
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CIVIL LAW
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also called case law, this is based on decisions made by judges
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COMMON LAW
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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
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CONSTITUTIONAL LAW
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that division of law that includes enforceable promises and agreements between two or more persons to do or not do a particular thing
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CONTRACT LAW
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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
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NEGLIGENCE
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laws enacted by state and federal legislatures
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STATUTES
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a civil inquiry, or wrongful act, committed against another person or property that results in harm and is compensated in money damages
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TORT
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that division of law that covers acts that result in harm to another, covers wrongful acts
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TORT LAW
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withdrawing medical care from a patient without providing sufficient notice to the patient
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ABANDONMENT
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a branch of law that covers regulations set by governmental agencies
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ADMINISTRATIVE LAW
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neglect of an understanding between two parties, failing to perform a legal duty
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BREACH
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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
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BREACH OF CONTRACT
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capable of making a decision without mental confusion due to drugs, alcohol or other reasons
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COMPETENT
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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
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CRIMINAL CASE
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set up to protect the public from the harmful acts of others
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CRIMINAL LAWS
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oral testimony that is made before a public officer of the court to be used in a lawsuit
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DEPOSITION
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the legal process by which facts are discovered before a trial
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DISCOVERY
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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
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EXPERT WITNESS
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an agreement that is entered into orally
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EXPRESSED AGREEMENT
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a serous crime that carries a punishment of death or imprisonment for more than one year.
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FELONY
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Rape, murder, robbery, practicing medicine without a license are all examples of
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FELONY
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an agreement that is made through inference by signs, inaction, or silence
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IMPLIED CONTRACT
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a dispute that has resulted in one party suing another
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LITIGATION
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less serious offenses than felonies; punishable by fines or imprisonment of up to one year.
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MISDEMEANORS
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traffic violations and disturbing the peace are examples of
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MISDEMEANORS
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court order for a person or documents to appear in court
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SUBPOENA
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to give up a right
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WAIVE
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an approval or sanction
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ENDORSEMENT
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the cooperation of one state in granting a license to practice medicine to a physician already licensed in another state.
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RECIPROCITY
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to take away, as in taking away a license
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REVOKE
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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.
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DISCOVERY RULE
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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.
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STANDARD OF CARE
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the period of time a patient has to file a lawsuit
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STATUTE OF LIMITATIONS
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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.
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ASSOCIATE PRACTICE
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a type of medical practice, as established by law, that is managed by a board of directors.
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CORPORATION
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a type of managed care that combines the concepts of HMP and PPO.
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EXCLUSIVE PROVIDER ORGANIZATION (EPO)
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Three or more physicians who share the same facility and practice medicine together.
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GROUP PRACTICE
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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.
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HEALTH MAINTENANCE ORGANIZATION (HMO)
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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.
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PARTNERSHIP
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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.
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PREFERRED PROVIDER ORGANIZATION (PPO)
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a type of medical practice in which one physician may employ other physicians.
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SOLE PROPRIETORSHIP
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a medical practice in which the physician works alone
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SOLO PRACTICE
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Doctor of Chiropractic
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DC
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Doctor of Dental Medicine
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DMD
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Doctor of Osteopathy
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DO
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Doctor of Philosophy
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PhD
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Doctor of podiatric medicine
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DPM
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occupational therapist
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OT
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Emergency Medical Technician
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EMT
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Physical Therapist
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PT
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refers to the ordinary skill and care that medical practitioners such as physicians, nurses, physician assistants, medical assistants, and phlebotomists must use
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Standard of Care
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laws that help protect health care professionals from liability while giving emergency are
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Good Samaritan Laws
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limit
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CAP
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an amount of money awarded by the court to make up for loss of income or emotional pain and suffering
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COMPENSATORY DAMAGES
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neglect, as in neglect of duty
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DERELICTION
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the continuous sequence of events, unbroken by an interviewing cause, that produces an injury and without which the injury would not have occurred
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DIRECT CAUSE
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obligation or responsibility
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DUTY
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doing an act or performing a duty
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FEASANCE
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performing an illegal act
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MALFEASANCE
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a slight or token payment awarded by the court
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NOMINAL DAMAGES
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the failure to perform an action when necessary
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NON FEASANCE
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the injury was closely related to the defendants negligence
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PROXIMATE
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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
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PUNITIVE DAMAGES
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methods for resolving a civil dispute that do not involve going to the court
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ALTERNATIVE DISPUTE RESOLUTION (ADR)
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submitting a dispute for resolution to a person other than a judge
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ARBITRATION
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legal responsibility for one's own actions
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LIABLE
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using the opinion of a third party to resolve a civil dispute in a nonbinding decision
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MEDIATION
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additional component to an insurance policy
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RIDER
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the act of determining the outcome of a case outside a courtroom; settling a case is not an indication of legal wrongdoing
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SETTLE
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What are the four D's of negligence?
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Duty
Derelection of Duty Direct or prodimate cuase Damges |
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What is an example of an unintentional tort?
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NEGLIGENCE
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filed by one or more people on behalf of a larger group of people
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CLASS ACTION LAWSUIT
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when the plaintiff or defendant asks a higher court to review the decision
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APPEAL
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True or False?
Medical Practice Acts vary from state to state? |
TRUE
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a graduate from accredited school and pass national exam of competency
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LICENSURE
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meet standards set by accreditation body and pass national exam of competency
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CERTIFICATION
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an ordinary skill and care that must be used by medical practitioners
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STANDARD OF CARE
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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
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RISK MANAGEMENT
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