chapter 6

Question 1

Affirmative defense

Answer 1

A defense strategy that allows the defendant (usually the provider or facility) to present the argument that the patient’s condition was the result of factors other than negligence on the defendants part

Question 2

Alternative dispute resolution (ADR)

Answer 2

the procedure of settling disputes other than litigation

Question 3

Arbritation

Answer 3

the process of resolving a dispute outside of the court with a person or persons assigned by the court to mediate in a civil suit and then decide the outcome of the dispute

Question 4

Assumption of Risks

Answer 4

a legal defense that asserts that the plaintiff was aware of the risks associated with the activity involved.

Question 5

Comparative Negligence

Answer 5

a legal defense that proves the plaintiffs own actions or contributed to the damages done

Question 6

Compensatory Damages

Answer 6

the amount awarded to the plaintiff in a court case to reimburse the plaintiff for loss of income

Question 7

Consent

Answer 7

The acknowledgement of a person usually the patient regarding the risks and alternatives involved in a treatment as well as giving permission for the treatment to be performed. This can be in some case a verbal consent but in the medical field is usually a written document.

Question 8

Contributory Negligence

Answer 8

a defense strategy that allows the defendant to present the argument that the patients condition was the results of factors other than negligence on the defendants part

Question 9

Damages

Answer 9

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

Question 10

Defense medicine

Answer 10

the practice of ordering unnecessary tests, treatments, and other procedures to protect against medical malpractice

Question 11

Denial

Answer 11

Legal assertion of innocense made only if all 4 elements of negligence are false

Question 12

Dereliction of Duty

Answer 12

A neglect or negligence of ones duty

Question 13

Direct Cause

Answer 13

In a negligent case the correspondence between dereliction of duty and the actual damage sustained by the family

Question 14

Discovery Rule

Answer 14

Law or statute that states the statute of limitations does not begin until the discovery of the diagnosis or injury.

Question 15

Duty

Answer 15

In a malpractice suit; the proof of responsibility of the party involved.

Question 16

Good samaritan law

Answer 16

Law providing immunity for those who render healthcare in an emergency or disaster without reimburstment.

Question 17

Informed consent

Answer 17

same as consent but in the medical field this term becomes more detailed listing and covering all possible risks and potential prognosis for having a treatment or procedures performed and the alternatives available

Question 18

Liable

Answer 18

Having legal responsibility for ones own actions

Question 19

Litigious

Answer 19

highly inclined or prone to engage in lawsuits to settle disputes

Question 20

Malfeasance

Answer 20

the performance of a legal act

Question 21

Malpractice

Answer 21

The failure of a professional to meet the standard of conduct that a reasonable and prudent member of the same profession would exercise in similar circumstances that results in harm.

Question 22

Mediation

Answer 22

The process by which a neutral 3rd party who is trained in mediation techniques facilitates and assists in resolving a dispute.

Question 23

Misfeasance

Answer 23

Poor performance of a duty or action causing damage

Question 24

Negligence

Answer 24

The failure to use such care as a reasonably prudent and careful person would use under similar circumstances ; an act of omission or failure to do what a person of ordinary prudence would have done under similar ciurcumstances

Question 25

Normal Damages

Answer 25

A small payment or award given by the court

Question 26

Nonfeasance

Answer 26

A failure to perform an action when needed

Question 27

Punitive Damages

Answer 27

An award granted by the courts to punish the defendant for the damages done based on a malicious or intentional act

Question 28

Release of tortfeasor

Answer 28

Law that asserts that once a person is causing damage is released from further liability in a previous suits settlement so he/she can not be liable in a subsequent suit

Question 29

Res Ipsa loquitor

Answer 29

clear evidence of negligence that there was no other possible way the plaintiff could have effected a different outcome or contributed to damages or injury.

Question 30

Res judicata

Answer 30

law that forbids suing a subsequent time for the damages once a case has already been resolved

Question 31

Respondeat superior

Answer 31

legal doctrine stating that in many circumstances an employer is responsible for the actions of employees performed within the course of their employment

Question 32

Settlement

Answer 32

legal agreement that is reached between 2 parties in a civil matter

Question 33

Statute of limitations

Answer 33

defense against a tort action; requires that a claim be filed within a specific amount of time of discovering that a wrong has been committed

Question 34

Tort

Answer 34

a civil wrong that results in an injury to another persons, property, reputation or the like and for which the injured party is entitled to compensation