Chapter 5 Flashcards
law of agency
the law that govern the relationship between a principle and his or her agent
liable
legally responsible or obligated
respondeat superior
literally, “let the master answer.” a doctrine under which an employer is legally liable for the acts of his or her employees, if such acts were performed within the scope of the employees’ duties
standard of care
the level of performance expected of a health care practitioner in carrying and his or her professional duties
duty of care
the legal obligation of health care workers to patients and sometime nonpatients
reasonable persons 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
malfeasence
the performance of a totally wrongful or unlawful act
misfeasence
the performance of a lawful act in an illegal or improper manner
nonfeasence
the failure to act when one should
res ipsa logquitur
“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 to be called
damages
court-ordered monetary awards to patients, given as a result of legally recognized injuries to patients
wrongful death statutes
state statutes that allow a persons beneficiaries to collect for loss to the estate of the deceased 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 deposition
deposititon
sworn testimony given and recorded outside the courtroom during the pretrial phase of the case
interrogatory
a written set of questions requiring written answers from a plaintiff or defendant under oath
subpoena duces tecum
a legal document requiring the recipient to bring certain written records to court to be used as evidence in a lawsuit
testimony
statements sworn to under oath by witnesses testifying in court and giving depositions
alternative dispute resolution (ADR)
settlement of civil disputes between parties using neutral mediators or arbitrators without going to court
consent
permission from a person, either expressed or implied, for something to be done by another
doctrine of informed concent
the legal basis for informed consent, usually outlined in a stat’s medical practice acts
good Samaritan acts
state laws protecting physicians and sometimes other health care practitioners and laypersons from charges of negligence or abandonment if they stop to help the victim of an accident or other emergency
