Ch. 6 Vocab and Review Questions

rules that govern the admissibility of evidence into federal court

Federal Rules of Evidence

Using a third person to help settle a dispute in a nonbinding decision is called a. mediation b. arbitration c. malpractice lawsuit d. civil lawsuit e. none of the above

a

allows the defendant (usually the hospital or physician) to present evidence that the patients condition was the result of factors other than the defendant negligence

affirmative defense

mathods for resolving a civil dispute that do not involve going to court

alternative dispute resolution (ADR)

submitting a dispute for resolution to a person other than a judge

arbitration

a person chosen to decide a disagreement between two parties

arbitrator

a legal defense that prevents a plaintiff from recovering damages of the plaintiff voluntarily accepts a risk associated with the activity

assumption of risk

Emily King mistakenly administers syrup of ipecac, which causes vomiting, instead of syrup of cola, which soothes the stomach lining, to Jacob Freeman. Jacob immediately begins to vomit. Which term could be used to describe Emily's action? a. res judicata b. res ipsa loquitur c. nonfeasance d. misfeasance e. rider

b

Which of the four Ds is violated when a physician fails to inform the patient about the risks of not receiving treatment? a. duty b. dereliction c. direct cause d. damages e. proximate cause

b

a special application of respondeat superior in which an employer lends an employee to someone else

borrowed servant doctrine

Carl Simon, a pharmacy technician, fills a prescription for Coumadin, a blood-thinning agent, for Beth White. He hands Beth the prescription without giving her any instructions. Beth has been taking large doses of aspirin for arthritis. The aspirin and Coumadin cause excessive bleeding when Beth takes them together. What is the legal term to describe a potential liability that Carl may have committed? a. malfeasance b. misfeasance c. nonfeasance d. arbitration e. standard of proof

c

if you have reached the limit

cap

liability insurance that covers the insured party for only the claims made during the time period the policy is in effect

claims-made insurance

a defense, a similar to contributory negligence, that the plaintiffs own negligence helped cause the injury; not a complete bar to recovery of damages but only damages based on the amount of the plaintiff's fault

comparative negligence

an amount of money awarded by the court to make up for loss of income or emotional pain and suffering

compensatory damages

conduct on the part of the plaintiff that is a contributing cause of injuries; a complete bar to recovery of damages

contributory negligence

A phlebotomist draws blood from Sam Ford's right arm. Sam experiences pain and numbness in that arm immediately after the blood is drawn. This is an example of what legal doctrine? a. duty b. feasance c. res judicata d. proximate cause e. rider

d

The doctrine of respondeat superior does not apply between the physician and the a. nurse b. medical assistant c. phlebotomist d. pharmacist e. physical therapist

d

any injuries caused by the defendant; usually a monetary award is given as compensation

damages

ordering more tests and procedures than are necessary in order to protect oneself from a lawsuit

defensive medicine

neglect

dereliction

neglect, as in neglect of duty

dereliction

the continuous sequence of events; unbroken by only intervening cause, that produces an injury and without which the injury would not have occurred

direct cause

obligation or responsibility

duty

Allan Walker continues to smoke after his physician warns him that smoking carries the risk of lung cancer. His physician documents this admonition in Allan's medical record. When Allan develops lung cancer, he sues his doctor for malpractice. Allan states that he did not know about the risk of continued smoking. What malpractice defense might apply in this case? a. denial b. assumption of risk c. contributory negligence d. borrowed servant e. b and c both apply

e

In order to obtain a judgment for negligence, the patient must show a. direct or proximate cause b. duty c. damages d. dereliction (breech, neglect) of duty e. all of the above

e

doing an act or performing a duty

feasance

the deliberate concealment of the facts from another person for unlawful or unfair gain

fraud

a legal relationship formed between two people when one person agrees to perform work for another person

law of agency

legal responsibility for one's own action

liable

legally responsible for one's actions

liable

performing an illegal act

malfeasance

professional misconduct or demonstration of an unreasonable lack of skill with the result of injury, loss, or damage to patient

malpractice

professional misconduct or demonstration of an unreasonable lack of skill with the result of injury, loss, or damage to the patient

malpractice

using the opinion of the third party to resolve a cilvil dispute in a nonbinding decision

mediation

improper doing of a lawful act

misfeasance

improper performance of an otherwise proper or unlawful act

misfeasance

an unintentional action that occurs when a person either performs or fails to perform an action that a "reasonable person" would or would not have committed in a similar situation

negligence

slight or token payment awarded by the court

nominal damages

failure to perform a necessary action

nonfeasance

the failure to perform an action when it is necessary

nonfeasance

liability insurance that covers the insured party for all injuries and incidents that occurred while the policy was in effect, regardless of when they are reported to the insurer or when the clams is made

occurrence insurance

direct cause of injury

proximate

the injury was closely related to the defendants negligence

proximate

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

"the thing speaks for itself"

res ipsa loquitur

the thing that speaks for itself

res ipsa loquitur

the thing that has been decided

res judicata

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 wrong doing

settlement

a civil wrong

tort

a person guilty of committing a tort

tortfeasor