Ch. 3 Legal Principles Flashcards
What type of insurance coverage provides protection from claims of injury or damage to people or property?
Liability insurance
What is it called if a patient lacks the ability to manage themselves because of a mental deficiency?
Incompetence
What damages are large and intend to punish?
Punitive
What damages are small?
Nominal
The plaintiff is often called what?
Brings the suit to court or a third-party
Define respondeat superior.
Common law doctrine, that means let the master answer. Employer is responsible for employees.
What process is established by state law so a person can practice an occupation?
Licensure
What is a person under the age of adulthood, but demonstrates maturity to make healthcare decisions?
Mature minor
What could happen if a healthcare worker oversteps their scope of practice?
Sued for malpractice, made to pay damages, license, revoked, suspended, or surrendered, and probation
This request documents to be provided, or brought to court.
Subpoena
Know the difference in expressed, implied and informed consent.
Implied means consent is inferred. Expressed means consent is given by written or oral word. Informed means consent is given after info is given and questions asked.
Who are credits, ambulatory facilities, hospitals and lab services?
The joint commission
What law applies when a person does a wrong doing that causes injury or damage to property?
Tort law, negligent, tort, malfeasance
Know the difference between arbitrators and mediators.
Arbitrators submit a legally binding decision when conflict parties submit differences. Mediator helps conflicting parties, make an agreement, settlement or compromise.
What must always be proven?
Negligence
Know the difference between assault and battery.
Assault is an intentional threat to do harm or acting in a manner that causes another to fear bodily harm. Battery intentional, harmful or offensive contact with another that was unconsented.
Standard of care
Compares the care provided by two certified MAs working in similar environments.
Misfeasance
Improper performance of a lawful act
Nonfeasance
Failure to act one and one had a legal duty to act
Malfeasance
Performance of an unlawful, wrongful act.
Res Ipsa Loquitur
The thing speaks for itself. The principal that the occurrence of the accident implies negligence.
Reasonable person standard
Applies reasonable behavior as an objective test to measure another person’s actions, or lack of actions
Misdemeanor
Considered a lesser criminal offense, and is punishable by substantial fine and possible jail time under one year
Felony
Are you serious, criminal offense, and his classified by degree with first-degree being the most serious. Carries a substantial fine, and jail time greater than one year.
Expert witness
People who are educated and knowledgeable in the area of concern, they testify in court, and provide expert opinion
Premium
Payment paid to the insurance company for a policy
Libel
Legally responsible or obligated
Occurrence policy
An insurance policy that covers claims for wrongful acts that occurred during the policy year
