11/10 Law and malpractice Flashcards
1
Q
what are the different types of law?
A
constitutional law; common law; codified law; regulatory law
2
Q
who makes the types of law?
A
Constitutional: constitution; common: judges; codified: legislature; regulatory: executive
3
Q
what are the basic catagories of law?
A
Civil/criminal; Public/Private
4
Q
what category of law would state tort - medical malpractice fit into?
A
It is civil (not criminal) and it is Private (not public)
5
Q
what does it mean that medical malpractice is private and civil?
A
about money not going to jail. state is not a party to the suit just between two private people/corps
6
Q
what are the elements that have to be proved by “perponderance” or more likely than not to have occured for medical malpractice
A
- Did the physician owe a duty of care to the patient? (usually) 2. Did the physician breach the duty of care? 3. Did the physician’s breach cause the harm?
