Chapter 4: Law and Ethics

Question 1

set of rules governing conduct and actions; enforced by a recognized authority

Answer 1

Law

Question 2

type of law

• crimes/wrongs against an individual/ property
• charges brought forth by individual/representative
• compensation sought

Answer 2

Civil Law

Question 3

type of law

• crimes/wrongs against society/violation of ordinance
• charges brought forth by government
• fine or imprisonment

Answer 3

Criminal Law

Question 4

wrongful civil act committed against an individual, compensation is sought

Answer 4

Tort

Question 5

failure to exercise standard of care, act that resulted in or caused harm

Answer 5

Negligence

Question 6

performance of an improper act, causing harm

Answer 6

malfeasance (mal=bad)/tort

Question 7

failure to act, causing harm

doctor doesn’t stop at scene of an accident and help

Answer 7

nonfeasance (non=without)/tort

Question 8

improper performance of an act, causing harm

doctor prescribes medication and unintentionally gives wrong dosage

Answer 8

misfeasance (mis=mistake)/tort

Question 9

failure to act, improper performance of an act, or performance of an improper act

Answer 9

malpractice/tort

Question 10

actions that avoid harm

Answer 10

non-malfeasance

Question 11

duty, dereliction, direct cause, and damages

Answer 11

4 D’s of malpractice

Question 12

obvious negligence: “the thing speaks for itself”

Answer 12

Res Ipsa Loquitur

Question 13

“let the master answer”, employer responsible for employees actions if they followed policy and procedures and stayed within scope of practice

Answer 13

Respondeat Superior/ the law of agency

Question 14

temporarily taking the place of another

Answer 14

locum tenens

Question 15

• settlement of dispute
• presenting to third party, decides outcome
• binding or nonbinding

Answer 15

Arbitration

Question 16

• 3rd independent party attempts to settle controversy
• differs from arbitration
• no decision is made

Answer 16

Mediation

Question 17

accused individual in a court of law

Answer 17

Defendant

Question 18

individual bringing a charge against another in court of law

Answer 18

Plaintiff

Question 19

formal settlement by person promised to tell truth in court of law

Answer 19

Deposition

Question 20

law based on societal customs, recognized by court

cited and upheld in similar cases

Answer 20

Common Law (precedent)

Question 21

encourage off-duty health-care providers to render aid at scenes of an accident, protects against liability torts or claims

Answer 21

Good Samaritan Act

Question 22

obligation resulting from an agreement between two or more parties

Answer 22

Contract

Question 23

offer made
offer accepted
consideration
capacity
legal intent

Answer 23

5: Legally binding contract

Question 24

Written or Verbal approval

Answer 24

Expressed Contract

Question 25

Deduced by actions, indirectly indicate approval

Answer 25

Implied Contract