Chapter 4: Law and Ethics Flashcards
set of rules governing conduct and actions; enforced by a recognized authority
Law
type of law
- crimes/wrongs against an individual/ property
- charges brought forth by individual/representative
- compensation sought
Civil Law
type of law
- crimes/wrongs against society/violation of ordinance
- charges brought forth by government
- fine or imprisonment
Criminal Law
wrongful civil act committed against an individual, compensation is sought
Tort
failure to exercise standard of care, act that resulted in or caused harm
Negligence
performance of an improper act, causing harm
malfeasance (mal=bad)/tort
failure to act, causing harm
doctor doesn’t stop at scene of an accident and help
nonfeasance (non=without)/tort
improper performance of an act, causing harm
doctor prescribes medication and unintentionally gives wrong dosage
misfeasance (mis=mistake)/tort
failure to act, improper performance of an act, or performance of an improper act
malpractice/tort
actions that avoid harm
non-malfeasance
duty, dereliction, direct cause, and damages
4 D’s of malpractice
obvious negligence: “the thing speaks for itself”
Res Ipsa Loquitur
“let the master answer”, employer responsible for employees actions if they followed policy and procedures and stayed within scope of practice
Respondeat Superior/ the law of agency
temporarily taking the place of another
locum tenens
- settlement of dispute
- presenting to third party, decides outcome
- binding or nonbinding
Arbitration
- 3rd independent party attempts to settle controversy
- differs from arbitration
- no decision is made
Mediation
accused individual in a court of law
Defendant
individual bringing a charge against another in court of law
Plaintiff
formal settlement by person promised to tell truth in court of law
Deposition
law based on societal customs, recognized by court
cited and upheld in similar cases
Common Law (precedent)
encourage off-duty health-care providers to render aid at scenes of an accident, protects against liability torts or claims
Good Samaritan Act
obligation resulting from an agreement between two or more parties
Contract
offer made offer accepted consideration capacity legal intent
5: Legally binding contract
Written or Verbal approval
Expressed Contract
Deduced by actions, indirectly indicate approval
Implied Contract
