Chapter 6 Med Ethics

Question 1

Cap

Answer 1

Limit

Question 2

Compensatory damages

Answer 2

An amount of money awarded by the court to make up for loss of income or emotional pain and suffering

Question 3

Dereliction

Answer 3

Neglect, as in neglect of duty

Question 4

Direct cause

Answer 4

The continuous sequence of events, unbroken by any intervening cause, that produces an injury and without which the injury would not have occurred

Question 5

Duty

Answer 5

Obligation or responsibility

Question 6

Feasance

Answer 6

Doing an act or performing a duty

Question 7

Malfeasance

Answer 7

Preforming an illegal act

Question 8

Misfeasance

Answer 8

The improper performance of an otherwise proper or lawful act

Question 9

Nominal damages

Answer 9

A slight or token payment awarded by the court

Question 10

Nonfeasance

Answer 10

The failure to perform an action when it is necessary

Question 11

Proximate cause

Answer 11

The injury was closely (proximity) related to the defendant’s negligence

Question 12

Punitive damages

Answer 12

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

Question 13

Res ispa loquitur

Answer 13

Latin phrase meaning the thing speaks for itself

Question 14

Res judicata

Answer 14

Latin phrase meaning the thing has been decided

Question 15

Tort

Answer 15

A civil injury, or wrongful act, committed against another person or property that results in harm and is compensated in money damages

Question 16

Alternative dispute resolution (ADR)

Answer 16

Method for resolving a civil dispute that do not involve going to court

Question 17

Arbitrator

Answer 17

A person chosen to decide a disagreement between two parties

Question 18

Arbitration

Answer 18

Submitting a dispute for reconsideration to a person other than a judge

Question 19

Liable

Answer 19

Legal responsibility for one’s own actions

Question 20

Mediation

Answer 20

Using the option of a third party to resolve a civil dispute in a non-binding decision

Question 21

Rider

Answer 21

Additional component to an insurance policy

Question 22

Settle

Answer 22

The act of determining the outcome of a case outside a courtroom; settling a case is not an indication of a legal wrongdoing

Question 23

The Four D’s & examples

Answer 23

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

Question 24

A HCP must have an understanding of what is right and what is wrong under the law. What does this mean to you?

Answer 24

This means that you would hope that they would do things right and ethically

Question 25

What is the difference between res ipsa loquitur and res jurdicata?

Answer 25

Res ispa loquitur means “it speaks for itself” while res jurdicata means “the thing has been decided”

Question 26

Is ignoring the law a reasonable defense? Why or why not?

Answer 26

No, you need more evidence on how they ignored the law and why

Question 27

An exception to the statute of limitations is the rule of discovery. What does this mean?

Answer 27

It allows parties to file lawsuits after they discover their injuries

Question 28

Why is a promise to cure a patient considered unlawful under contract law?

Answer 28

A patient may be able to sue a doctor for breach of contract if they are unable to cure the patient

Question 29

A fear of lawsuits has influenced the practice of medicine. Is this good or bad?

Answer 29

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.