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Medical Office Management > Ch.3 - Legal Principles > Flashcards

Ch.3 - Legal Principles Flashcards

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USMLE® Step 1 flashcards
1
Q

Plantiff

A

The person who brings a lawsuit into play

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2
Q

Defendant

A

The person who the lawsuit is filed against

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3
Q

Statute of Limitations

A

Period after which a lawsuit cannot be filed

  • may be extended due to delay in discovery
  • varies from state to state by litigation type
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4
Q

Scope of Practice

A

Defines the procedures, actions, and processes that individuals are permitted to perform

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5
Q

Respondeat Superior

A

“let the master answer”

A legal doctrine by which the employer/provider is legally responsible for the wrongful actions or lack of actions of employees if done within the scope of employment

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6
Q

Res Judicata

A

If a case has already been decided by the court, then a plaintiff cannot brings similar suit against the defendant in the future

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7
Q

What are the three types of criminal offenses?

A
  • Misdemeanors
  • Felonies
  • Treason
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8
Q

Misdemeanor

A

Minor criminal offenses

Includes pety theft, disturbing the peace, simple adult and battery, and drunk driving (no injury)

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9
Q

Felony

A

Serious criminal offenses
classified by degree with first degree being the most serious
Includes murder, robbery, rape, sodomy, larceny, manslaughter, kidnapping, embezzlement, arson

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10
Q

Assault

A

A crime that involves intentionally harming or threatening to cause harm

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11
Q

What are the four types of law?

A
  • Constitutional law
  • Case law
  • Regulatory and administrative law
  • Statutory law
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12
Q

What are the two main categories of law?

A
  • Substantive law

- Procedural law

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13
Q

What are the four branches of civil law?

A
  • Tort law
  • Contract law
  • Property law
  • Family law
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14
Q

What are the three branches of government?

A
  • Legislative
  • Executive
  • Judicial
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15
Q

What is intentional tort?

A

Having specific intent to perform the action that caused injury

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16
Q

What is negligent tort?

A

Unintentional tort

Harm that is caused by negligence; the result of another persons carelessness

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17
Q

What are the four D’s in proving negligence?

A
  • Duty
  • Dereliction
  • Direct cause
  • Damages
18
Q

Malpractice

A

Type of negligence that applies to professionals

19
Q

Malfeasance

A

Performance of an unlawful, wrongful act

20
Q

Misfeasance

A

Improper performance of a lawful act

21
Q

Nonfeasance

A

Failure to act when one ha the legal duty to act

22
Q

Standard of care

A

Refers to the level and type of care that a healthcare professional of a similar background and experience would have provided in a similar situation

23
Q

Subpoena

A

Document that is issued by the court requiring a person to appear at court at a specific date and time

24
Q

Precedents

A

Previous judge and jury decisions on which much of our law is based

25
Q

Ordinances

A

Created by local branch of government

26
Q

Statutes

A

Enacted by state legislative

27
Q

Acts

A

Enacted at the federal level

  • must be passed by congress
28
Q

What is release of tortfeasor?

A

When the plaintiff signed a release and received monetary compensation, then filed a suit anyway

29
Q

Medical negligence

A

The performance of an act that a reasonable and prudent physician would not do
or
the failure to do an act that a reasonable and prudent physician would do

30
Q

What are the three main defenses used for lawsuits?

A
  • Technical defense
  • Denial defense
  • Affirmative defense
31
Q

Res Judica

A

“a thing decided”

If a case has already been decided by the court, the plaintiff cannot bring a similar suit against the defendant in the future

32
Q

What are the three requirements for Good Samaritan protection?

A
  • Must be a true emergency
  • Must be provided outside of a place with necessary medical equipment
  • Cannot bill patient
33
Q

Arbitration

A

The process in which conflicting parties in dispute submit their differences to a court appointed person (arbitrator) who makes the final decision

34
Q

Mediation

A

The process of facilitating conflicting parties to make an agreement, settlement, or compromise

35
Q

Res Ipsa Loquitur

A

“the thing speaks for itself”

A case in which there was obvious negligence

36
Q

Punitive damages

A

Very large payment meant to punish the defendant

37
Q

Nominal damages

A

Very small settlement cause the patient’s injury was slight

38
Q

Compensatory damages

A

A settlement for losses suffered. Losses can be related to loss of income, property damage, and medical care

39
Q

General damages

A

A settlement for emotional pain and anguish, loss of future earning power, and so sought with compensatory damages

40
Q

Special damages

A

A settlement for a specific dollar amount that directly relates to medical bills

Medical Office Management (1 decks)

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