Chapter 6 Med Ethics Flashcards
Cap
Limit
Compensatory damages
An amount of money awarded by the court to make up for loss of income or emotional pain and suffering
Dereliction
Neglect, as in neglect of duty
Direct cause
The continuous sequence of events, unbroken by any intervening cause, that produces an injury and without which the injury would not have occurred
Duty
Obligation or responsibility
Feasance
Doing an act or performing a duty
Malfeasance
Preforming an illegal act
Misfeasance
The improper performance of an otherwise proper or lawful act
Nominal damages
A slight or token payment awarded by the court
Nonfeasance
The failure to perform an action when it is necessary
Proximate cause
The injury was closely (proximity) related to the defendant’s negligence
Punitive damages
Also called exemplary damages, monetary award by a court to a person who has been harmed in an especially malicious and willful way; meant to punish the offender
Res ispa loquitur
Latin phrase meaning the thing speaks for itself
Res judicata
Latin phrase meaning the thing has been decided
Tort
A civil injury, or wrongful act, committed against another person or property that results in harm and is compensated in money damages
Alternative dispute resolution (ADR)
Method for resolving a civil dispute that do not involve going to court
Arbitrator
A person chosen to decide a disagreement between two parties
Arbitration
Submitting a dispute for reconsideration to a person other than a judge
Liable
Legal responsibility for one’s own actions
Mediation
Using the option of a third party to resolve a civil dispute in a non-binding decision
Rider
Additional component to an insurance policy
Settle
The act of determining the outcome of a case outside a courtroom; settling a case is not an indication of a legal wrongdoing
The Four D’s & examples
Duty- obligation between HCP and patient to provide a certain standard of care
Dereliction (branch of duty)- HCP failed to provide standard of care resulting in injury to the patient
Direct (proximate) cause- patient’s injury is a direct result of the negligence of the HCP
Damages- financial or other reward granted to the patient as compensation for the injury
A HCP must have an understanding of what is right and what is wrong under the law. What does this mean to you?
This means that you would hope that they would do things right and ethically
What is the difference between res ipsa loquitur and res jurdicata?
Res ispa loquitur means “it speaks for itself” while res jurdicata means “the thing has been decided”
Is ignoring the law a reasonable defense? Why or why not?
No, you need more evidence on how they ignored the law and why
An exception to the statute of limitations is the rule of discovery. What does this mean?
It allows parties to file lawsuits after they discover their injuries
Why is a promise to cure a patient considered unlawful under contract law?
A patient may be able to sue a doctor for breach of contract if they are unable to cure the patient
A fear of lawsuits has influenced the practice of medicine. Is this good or bad?
This is a bad thing, the fear, because a doctor may not do all they can to treat the patient or may not want to treat the patient because of the fear they could mess up and get sued.
