chapter 5 Flashcards
standard of care
the level of performance expected of a health care practitioner in carrying out his or her professional duties
liable
legally responsible or obligated
duty of care
the legal obligation of health care workers to patients and, sometimes, nonpatients
reasonable person standard
the standard of behavior that judges a person’s actions in a situation according to what a reasonable person would or would not do under similar circumstances
confidentiality
the act of holding information in confidence, not to be released to unauthorized individuals
privileged communication
information held confidential within a protected relationship
malfeasance
the performance of a totally wrongful and unlawful act
misfeasance
the performance of a lawful act in an illegal or improper manner
nonfeasance
the failure to act when one should
res ipsa loquitur
” the thing speaks for itself”; also known as the doctrine of common knowledge. a situation that is so obviously negligent that no expert witnesses need be called
damages
monetary awards sought by plaintiffs in lawsuits
wrongful death statutes
state`statutes that allow a person’s beneficiaries to collect for loss to the estate of the decreased for future earnings when a death is judged to have been due to negligence
summons
a written notification issued by the clerk of the court and delivered with a copy of the complaint to the defendant in a lawsuit, directing him or her to respond to the charges brought in a court of law
subpoena
a legal document requiring the recipient to appear as a witness in court or to give a deposition
deposition
sworn testimony given and recorded outside the courtroom during the pretrial phase of a case
