kinns test chapter 3

Implied consent

consent that is inferred based on signs, actions, or conduct of the patient rather than oral communication

affirmative defense

defendant admits to wrongdoing, but his or her attorney introduces facts that support the defendants conduct

invasion of privacy

disclosing private facts without the consent of the individual, or intrusion into a person's personal life

Nonfeasance

failure to act when one had a legal duty to act

when the insurer pays the plaintiff, the plaintiff is known as the

third party

Respondeat Superior

A common-law doctrine that makes an employer liable for the actions of an employee when the actions take place within the scope of employment.

Malpractice

Type of negligence committed by a professional

Misfeasance

improper performance of a lawful act

battery

intentional harmful or offensive contact with another that was unconsented

Assault

intentional threat to do harm or acting in a manner that causes another to fear bodily harm

malfeasance

the performance of a totally wrongful and unlawful act

Res Ipsa Loquitur

the thing speaks for itself

Denial Defense

used when none of the facts are true