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