Ch 3 Flashcards
the state of being legally responsible for the harm one causes another person
liability
the failure to use ordinary or reasonable care
negligence
part of an official job description
duty of care
to establish negligence an individual making the complaint must establish what four things
1) duty of care existed
2) conduct of the defendant fell short of the standard of care
3) the defendant cause the injury to occur
4) personal, property, or punitive damages occur
legal wrongs committed against a person
tort
when an individual fails to perform a legal duty
nonfeasance
an individual commits an act that is not legally his or her to perform
malfeasance
An individual improperly does something he or she has the legal right to do
misfeasance
what is an example of nonfeasance
an ATC fail to refer a seriously injured patient to proper medical attention
what is an example of malfeasance
the ATC performs a therapeutic treatment that violates the practice of another licensed health care professional resulting in injury
what is an example of misfeasance
the ATC incorrectly administer a treatment technique they were trained on
when the athletic trainer is sue they are sued for what 2 things
tort of neglience
what is an example of negligence
same as misfeasance
neither the government nor any individual who is employed by the government can be held liable for negligence
sovereign immunity
true or false
level of protection afforded by sovereign immunity does not vary from state to state
false vary significantly