Chapter 2 Flashcards
Affadavit
A voluntary statement of facts sworn to be true before an authority
Allegation
A statement that one expects to be proven as true
Case Law
All legal decisions reported on a legal given subject
Deposition
A method of pretrial discovery in which questions are answered under oath
Iatrogenic Injury
Injury resulting from healthcare workers
Indictment
The formal accusation written by a jury
Larceny
The taking of another’s property without consent
Perjury
Intentionally providing false information under oath
Plaintiff
Someone who initiates a lawsuit
Precedent
A legal principle, created by a court decision, that provides an example or authority for judges deciding similar issues later
Subpoena
A court order to appear and testify or produce required documents
Tort
A civil wrong
Borrowed Servant Rule
Surgeon is not always responsible if a surgical technologist or registered nurse failed to perform a routine they were properly educated on
Captain of the Ship Doctrine
Surgeon is liable for any negligence in the operating room
Doctrine of Cooperate Negligence
A health care institution may be found negligent for failing to ensure that an acceptable level of patient care was provided.
Doctrine of Personal Liability
Each person is responsible for his or her own conduct, even though others might be liable as well.
Primum non nocere
Above all, do no harm
Res ipsa loquitur
“The thing speaks for itself;” harm obviously came from a given act or thing of which the defendant had sole control.
Respondeat superior
An employer is responsible for their employees.
Tort Law
Any civil wrong independent of a contract (most operating room)
Defendant
In criminal cases, the person accused of the crime; in civil matters, the person or organization being sued.
Doctrine of the reasonably prudent person
The ability to reasonably anticipate that harm or injury might result because of certain acts or omissions.
Doctrine of the borrowed servant
The person who is controlling/ directing the employee has greater responsibility than the one who is paying the employee
Standard of Care
The expected conduct of a professional in a given circumstance.
Doctrine of forseeability
Persons should perform an action as would any reasonable person of ordinary prudence (member of your own community)
Negligence
Either the omission or commission of an act that a reasonably and prudent individual would not do under the same conditions; may be associated with the phrase “departure from the standard of care”