chapter 6 Flashcards
Affirmative defense
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
Alternative dispute resolution (ADR)
the procedure of settling disputes other than litigation
Arbritation
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
Assumption of Risks
a legal defense that asserts that the plaintiff was aware of the risks associated with the activity involved.
Comparative Negligence
a legal defense that proves the plaintiffs own actions or contributed to the damages done
Compensatory Damages
the amount awarded to the plaintiff in a court case to reimburse the plaintiff for loss of income
Consent
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.
Contributory Negligence
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
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
Defense medicine
the practice of ordering unnecessary tests, treatments, and other procedures to protect against medical malpractice
Denial
Legal assertion of innocense made only if all 4 elements of negligence are false
Dereliction of Duty
A neglect or negligence of ones duty
Direct Cause
In a negligent case the correspondence between dereliction of duty and the actual damage sustained by the family
Discovery Rule
Law or statute that states the statute of limitations does not begin until the discovery of the diagnosis or injury.
Duty
In a malpractice suit; the proof of responsibility of the party involved.
Good samaritan law
Law providing immunity for those who render healthcare in an emergency or disaster without reimburstment.
Informed consent
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
Liable
Having legal responsibility for ones own actions
Litigious
highly inclined or prone to engage in lawsuits to settle disputes
Malfeasance
the performance of a legal act
Malpractice
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.
Mediation
The process by which a neutral 3rd party who is trained in mediation techniques facilitates and assists in resolving a dispute.
Misfeasance
Poor performance of a duty or action causing damage
Negligence
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
Normal Damages
A small payment or award given by the court
Nonfeasance
A failure to perform an action when needed
Punitive Damages
An award granted by the courts to punish the defendant for the damages done based on a malicious or intentional act
Release of tortfeasor
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
Res Ipsa loquitor
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.
Res judicata
law that forbids suing a subsequent time for the damages once a case has already been resolved
Respondeat superior
legal doctrine stating that 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 2 parties in a civil matter
Statute of limitations
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
Tort
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
