Chapter 6-11 Flashcards
Aggregate limit
the maximum dollar amount your insurer will pay in total to settle your claims over the entire period of coverage
Claims-made policy
insurance policy in which coverage is triggered on the date that the insured first becomes aware of the possibility of a claim and notifies the insurer.
Declarations page
Portion of a liability insurance policy that provides basic information, including what is insured, for how much, under what circumstances, and the length of time the policy is in effect.
Exclusions
Provision within an insurance policy that eliminates coverage for certain acts, types of damage, or locations.
Occurrence-basis policy
An insurance policy that covers claims taking place during the policy period, regardless of when claims are made.
Policy jacket
Binder or folder containing an insurance policy, in many instances, it lists provisions common to several types of policies.
Premium
The amount of money an insurer charges to provide the coverage described in the policy.
Prior acts coverage
Insurance coverage for incidents that occur before the start of the policy but whose claims are made during the policy period.
Rider
An add on provision to a basic liability insurance policy that provides additional benefits to the policyholder at an additional cost.
Tail coverage
Provision of a claims made liability policy that allows the insured to purchase coverage for claims made during a specified time period after the end of the policy.
Umbrella policy
Liability insurance policy that provides protection against claims that are not covered, or are in excess of the amount covered, under a basic liability insurance policy.
Statutory reporting
legal responsibility of healthcare professionals to report vital information and incidence to the appropriate agencies for the protection and welfare of the general publice
Strict liability
A person places another person in danger, even in the absence of negligence, simply because he is in posession of dangerous product, animal or weapon
terminally ill
relating to an illness where the patient has an expected survival of less than 6 months
Thanatology
The study of the effects of death and dying. Especially ways to lessen the suffering and address the needs of the terminally ill and their survivors.
Trespass
An unlawful intrusion that interferes with one’s person, property or land
uniform anatomical gift act
allows a person to make an anatomical gift at the time of death by the use of a signed document such as a will or driver’s license.
Uniform determination of death act
provides a comprehensive and medically sound basis for determining death in all situations.
Uniform rights of the terminally ill act
Allows a person to declare a living will specifying that he or she does not wish to be kept alive through life support if terminally ill or in a coma
Unintentional tort
An unintended wrong against another person
Vicarious liability
the liability of an employer for the actions of its designated agents
vital statistics
community wide recording of individual key human events such as births, deaths, marriages or divorces.
Voluntary euthanasia
Conscious medical act that results in the death of a patient who is given consent
explicit consent
individual is clearly presented with an option to agree or disagree or to express a preference or choice. Often verbally or written
False imprisonment
Restraint of a person so as to impede his or her liberty without justification or consent
Good samaritan law
law providing immunity for those who render healthcare for an emergency or disaster without reimbursement.
healthcare proxy
legal document in which an individual designates another person to make healthcare decisions if he or she is rendered incapable of making his or her wishes known.
Hospice
program involving multidisciplinary group of medical professionals available to aid in support of the terminally ill and their families
implied consent
consent that is not expressly granted by a person but rather inferred from a person’s actions and the facts and circumstances in a specific situation.
informed consent
same as consent, but in the medical field, more detailed, listing and covering all possible risks and potential prognoses for having a treatment or procedure done and the alternatives available.
inquest
investigation into a suspicious death, including autopsy and other investigations to determine time and cause of death
intent
the willful decision to bring about a prohibited consequence
intentional tort
category of torts that describes a civil wrong resulting from an intentional act on the end of another person or entity.
intimate partner violence
more commonly called domestic abuse. Physical, sexual, or psychological harm caused by a current or former partner or spouse, can occur among either heterosexual or same sex couples
invasion of privacy
the wrongful intrusion into private affairs with which the perpetrator or the public has no concern
involuntary euthanasia
active effort to end the life of a patient who has not explicitly requested aid in dying
liability
legal responsibility and accountability for all health and financial patient care
liable
legal responsibility for a person’s own actions
libel
written, printed, or other visual communication that harms another person’s reputation
litigious
Highly inclined to sue
living will
document in which patient states his or her wishes regarding medical treatment.
malfeasance
the performance of an illegal act
mediation
the process by which a neutral third party who is trained in mediation techniques facilitates and assists in resolving a dispute.
misfeasance
Poor performance of a duty or action, causing damage
nonfeasance
a failure to perform an action when needed
older americans act
legislation passed to protect adults older than the age of 60 from abuse, neglect, abandonment, and exploitation
passive euthanasia
the act of allowing a patient to die without medical intervention
persistent vegetative state
condition characterized by the irreversible cessation of higher brain functions, usually as a result of damage to the cerebral cortex.
quasiintentional tort
voluntary act that directly causes damage to a persons privacy or emotional well being, but without intent to injure or to cause distress
release of tortfeasor
law that asserts that once the person causing damage is released from further liability in a previous suits settlement, he or she cannot be held liable in a subsequent suit.
res ipsa toquitur
“the thing speaks for itself”. legal indication that there is clear proof that the defendant had the duty to the patient and that the injury would not and could not have occurred without the negligence of the defendant.
respondeat superior
legal doctrine that states in many circumstances an employer is responsible for the actions of employees performed within the course of their employment.
settlement
legal agreement that is reached between two parties in a civil matter
slander
spoken or verbal communication in which one person discusses another in terms that harm that persons reputation.
active euthanasia
the active acceleration of death by use of drugs, for example whether by oneself or with the aid of a physician
advance directive
treatment preferences and designation of an alternate decision maker in the event that a person should become unable to make medical decisions on his or her own behalf
arbitration
process to resolve a dispute assigned by the courts with a person or persons assigned by the court to mediate in a civil suit and then decide the outcome of the dispute
assuault
a threat or attempt to inflict offensive physical contact or bodily harm on a person that puts the person in immediate danger or or in apprehension of such harm or contact
assumption of risk
a legal defense that asserts that the plaintiff was aware and accepted the risks associated with the activity involved
battery
bodily harm or unlawful touching of another
birth certificate
an official record declaring a live birth of the baby
brain death
the irreversible loss of function of the brain including the brainstem
breach of confidentiality
the public revelation of confidential or privileged information without an individuals consent
certificate of live birth
an unofficial record of a live birth that is signed by the healthcare provider in attendance at the birth.
communicable disease
specific disease or illness that can cause an epidemic or pandemic to the general public
comparative negligence
a legal defense that proves the plaintiffs own actions, or lack of action, contributed to the damages done.
consent
the acknowledgement of a person regarding the risks and alternatives involved in a treatment, as well as permission for the treatment to be performed. This can be in some cases a verbal consent but in the medical field is usually a written document.
contributory negligence
a defense strategy that allows the defendant to present the argument that the patient’s condition was the result of factors other than negligence on the defendants part
controlled substances act
federal drug policy regulating the manufacture, importation, possession, use and distribution of certain substances
damages
the actual injury or loss suffered by a defendant in a suit, usually given a monetary award by the court based on the extent of the loss or injury
death
permanent cessation of all biological functions that sustain a living organism
defamation
any intentional false communication, either written or spoken, that harms a person’s reputation, decreases the respect, regard, or confidence in which a person is held, or induces disparaging, hostile, or disagreeable opinions or feelings against a person
defensive medicine
the practice of ordering unnecessary tests, treatments and other procedures
dereliction of duty
a neglect or negligence of one’s duty
direct cause
in a negligence case, the correspondence between the dereliction of duty and the actual damage sustained by the plaintiff
discovery rule
law or statute that states the statute of limitations does not begin until the discovery of the diagnosis or injury
DNR Order
form completed by patient to indicate in advance that no means should be used to regain function of cardiopulmonary processes when these functions cease.
duty
in a malpractice suit, the proof of responsibility of the parties involved
euthanasia
termination of a life to eliminate pain and suffering related to a terminal illness.
