HAS 4400 - Chapter 6

demonstrative evidence

"real" evidence furnished by things themselves; most trustworthy

proximate cause

4th element to establish negligence, requires that there be a reasonable, close, and casual connection/relationship between the defendant's negligent conduct and the resulting damages suffered by the plaintiff

defamation of character

A false oral or written communication to someone that subjects an individual's reputation to scorn and ridicule is considered __________. (The communication is not to the individual being scorned or

felony

A serious crime, characterized under federal law and many state statutes as any offense punishable by death or imprisonment in excess of one year

crime

A social harm defined and made punishable by law __________.

unintentional tort

A type of unintended accident that leads to injury, property damage or financial loss ex: negligence

commission

Administering the wrong medication, administering medication at the wrong dosage, and administering medication to the wrong patient is considered __________ of an act.

unbundling

Billing each stage of a procedure as if it were a separate procedure is referred to as __________.

supreme law

Constitutional Law (U.S. Constitution); law that relates to the constitution, as a permanent system of political and juridical government

appellant

The party making an appeal is known as the __________.

foreseeability

The reasonable anticipation that harm or injury will result from an act or a failure to act is __________.

battery

The violation of another person's physical integrity is

libel

The written word form of defamation is __________.

all of these answers are correct (an offer or communication, consideration, acceptance)

To be enforceable, contracts must contain __________.

fraud

__________ is the willful and intentional misrepresentation that could cause harm or loss to an individual or property.

tort

a civil wrong, other than a breach of contract, committed by one individual against another person (or person's property) for which a court may provide remedy, generally in the form of monetary damages

prudent person

a concept that describes a nonexistent, hypothetical person put forward as the community ideal of what would be considered reasonable behavior

assault

a deliberate threat, coupled with the apparent present ability to do physical harm to another

paternalism

a form of beneficence that occurs when providers make choices for patients based on the belief that they know what is best for others; making decisions for others without their valid inform consent

secular ethics

a form of ethics based on codes developed by societies that have relied on customs to formulate their codes rather than religion

deerings west vs. scott

a landmark legal case involving the duty to hire competent employees (licensed nurses) in fulfilling the duty to care involving situations in which negligence may be involved

malpractice

a legal term describing the professional negligence or carelessness of a healthcare provider such as nurse, physician or an accountant

contract

a special kind of agreement either written or oral that involves legally binding obligations between 2 or more parties

separation of powers

a system of checks and balances illistrated in the relationship among the branches of government with regard to legislation

virtue ethics

a theory of ethics that focuses on the inherent character of the person, e.g., the healthcare professional, rather than on the actual decisions made or the specific actions he/she preforms

exclusive contracts

an agreement between two or more entities to deal only with each other regarding a specific area of business

contributory negligence

any lack of ordinary care on the part of the person injured that, combined with negligent act of another, causes injury

civil law

describes the private rights and responsibilities of individuals; part of law that does not deal with crimes; involves actions filed by one individual against another ei: actions in tort and contracts

malfeasance

execution of an unlawful or improper act ex:abortion after 3rd trimester

evidence

facts proved or disproved during lawsuit

nonfeasance

failure to act, when there is a duty to act as a reasonably prudent person would in similar circumstances ex: failure to provide antibiotics

breach of duty

failure to conform to or the departure from a required obligation owed to a person

libel

false or malicious writing intended to defame or dishonor another person and published so that someone other than the one defamed will observe it

slander

false oral statement, made in the presence of a third party, that injures the character or reputation of another

misfeasance

improper performance of an act, resulting in an injury to another ex: wrong site surgery

defamation of character

injury of a person's character cause by the false statements of another made to a third person

intentional tort

intentional actions that result in harm to the plaintiff. The harm need not be intended, but the act must be intentional

battery

intentional touching of one person by another without the consent of the person being touched

assumption of risk

knowing that a danger exists and voluntarily accepting the risk by exposing oneself to it, knowing that harm might occur

neade vs. portes

landmark case in which court decision was based on an opinion regarding whether a standard of care had been breeched based on an "ethical" standard established by the American Medical Association

Good Samaritan laws

laws designed to protect those who stop to render aid in an emergency by generally providing them with immunity from civil suit unless the provision of care was done in a grossly negligent manner

duty to care

legal obligation to care imposed on one to safeguard rights of others

statute of limitations

legislatively imposed time constraints the restrict the period of time after an injury occurs during which a legal action must be commenced

discovery

process of investigating facts of a case before trial

direct evidence

proof offered through direct testimony

sovereign immunity

refers to the common-law doctrine by which federal and state gov't historically have been immune from liability for harm suffered from the tortious conduct of employees

burden of proof

requires that the plaintiff's attorney show that the defendant violated a legal duty by not following an acceptable standard of care and that the plaintiff suffered injuries because of the defendants brach

criminal law

society's expression of the limits of acceptable human and institutional behavior

common law

the body of principles that has evolved and continues to evolve and expand from court decisions, thereby establishing legal precedence for future court decisions; many of these laws had their origin in England

normative ethics

the branch of ethics that seeks to determine what moral standards ought to be followed so that human behavior and conduct can be deemed morally good, proper, or appropriate

meta ethics

the branch of ethics that seeks to understand "why" people hold particular beliefs/values or apply them in specific setting in ethical terms and theories

Stare decisis

the common law principal that provides when a decision has rendered in a lawsuit involving a particular set of facts, another lawsuit involving an identical similar situation is to be resolved in the same matter as the first law suit; "let the decision stand"

comparative negligence

the degree of negligence of each party to a lawsuit must be established by the finder of fact and that each part then is responsible for his/her proportional share of any damages warranted

standard of care

the description of the conduct expected of an individual in a given situation that must be provided in accordance with reasonably prudent person concept under the same or similar circumstances

respect for persons

the normative ethical principle respecting the right of each individual to be treated with respect bearing the right to make his/her own independent autonomous decisions

Res judicata

the principle that a matter may not, generally, be relitigated once it has been judged on the merits; "the thing is decided"

amoral decisions

the type of administrative, medical or legal decisions or choices made in the absence of any consideration of ethical concerns or morals

negligence

the unintentional commission or omission of an act, that constitutes a civil or personal wrong, which a reasonably prudent person would or would not do under certain circumstances

non competitive agreements

to protect the employer's legitimate interests by preventing unfair competition ex: nurse can't work as a nurse within 50 miles after termination unless hospital says ok

ethical principles

universal rules of conduct, derived from ethical theories that provide healthcare professionals a practical basis for identifying what kinds of practices, behaviors, actions, intentions, and motives are valued, appropriate and justifiable

code of ethics

universal rules of conduct, derived from ethical theories that provide healthcare professions a practical basis for identifying what kinds of practices, behaviors, actions, intentions, and motives are valued, appropriate and justifiable

fraud

unlawful act, generally involving intentional deception for personal gain, constituting a significant financial drain on the on the US healthcare system

murder

unlawful killing of a person that involves predetermination

manslaughter

unlawful killing of another person without predetermination

documentary evidence

written evidence capable of making a truthful statement ex: autopsy reports, birth certificates

all of these answers are correct (Borrowed Servant Doctrine, contributory, negligence, Good Samaritan laws)

Principles of law that may relieve a defendant from liability include __________.

deterrence

Punitive damages are referred to as "that mighty engine of __________" in Johnson v. Terry.

arraignment

The __________ is a formal reading of the accusatory instrument and includes the setting of bail.

causation

The element of negligence that requires that there be a reasonable, close, and causal relationship or connection between a defendant's negligent conduct and the resulting damages suffered by the plaintiff is __________.

all of these answers are correct (malfeasance, misfeasance, nonfeasance)

Negligence can be in the form of