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Fundamentals of Law for Health Informatics and Information Management > Chapter 6 - Tort Law > Flashcards

Chapter 6 - Tort Law Flashcards

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1
Q

tort

A

a civil wrong for which a court will determine liability

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2
Q

liability

A

a legal obligation or responsibility that one party in a civil lawsuit has to another party, as determined by a court of law

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3
Q

tortfeasor

A

the party who has committed a tort

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4
Q

three categories of tort law

A

(1) a wrong involving the person or individual rights
(2) a wrong involving the rights to personal property
(3) a wrong involving the rights to real property

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5
Q

real property

A

fixed property, principally land and buildings

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6
Q

conversion (law)

A

the action of wrongfully dealing with goods in a manner inconsistent with the owner’s rights

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7
Q

intentional torts

A

torts that involve a deliberate or intentional act

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8
Q

negligence

A

harm that results as a foreseeable consequence of the defendant’s conduct; careless conduct

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9
Q

battery (traditional legal definition)

A

intentional and nonconsensual contact; it can either cause physical harm or just be offensive or insulting

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10
Q

assault (traditional legal definition)

A

conduct that causes fear that a harmful or offensive contact will occur; it does not require actual contact

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11
Q

false imprisonment

A

the intentional confinement of a person against that person’s will; it includes the absence of a reasonable means of escape and a lack of legal authority on the part of the person who is confining the other person

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12
Q

intentional infliction of emotional distress

A

a common law tort for intentional conduct that results in extreme emotional distress; the elements are:

(a) an intentional or reckless act (negligence)
(b) extreme and outrageous conduct that is beyond the standards of civilized society
(c) the act of the defendant must have actually caused the emotional distress
(d) emotional distress suffered by the plaintiff must be severe

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13
Q

emotional distress

A

severe emotional disturbance, including such things as sleeplessness, anxiety, irritability, or the emotional inability to perform activities or go places the plaintiff was capable of prior to the harmful event

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14
Q

standard of care

A

what an individual is expected to do or not do in a particular situation

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15
Q

trier of fact

A

also called finder of fact; a person, or group of persons, who determines what facts are available and how relevant they are in a legal proceeding, usually a trial; sometimes used as a synonym for judge or jury

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16
Q

reasonably prudent person

A

An individual who uses good judgment or common sense in handling practical matters. The actions of a person exercising common sense in a similar situation are the guide in determining whether an individual’s actions were reasonable.

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17
Q

malpractice

A

misconduct of professional persons such as healthcare providers, attorneys, accountants, and others

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18
Q

medical malpractice

A

misconduct by a healthcare provider against a patient

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19
Q

res ipsa loquitur

A

Latin for: “the thing speaks for itself”; A doctrine in the Anglo-American common law and Roman Dutch law that says in a tort or civil lawsuit a court can infer negligence from the very nature of an accident or injury in the absence of direct evidence on how any defendant behaved

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20
Q

nonfeasance

A

failure to perform an act that a person is under a duty to do and that a person of ordinary prudence would have done under the same or similar circumstances (e.g. a patient presents with signs of a fracture but the physician does not order an x-ray)

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21
Q

misfeasance

A

improper performance of an act that a person might lawfully do (e.g. a surgeon inadvertently nicks a patient’s bladder while performing abdominal surgery)

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22
Q

malfeasance

A

wrongdoing or legal misconduct, especially by a public official (e.g. a judge taking bribes from the prosecution)

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23
Q

ordinary negligence

A

failure to exercise ordinary care

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24
Q

gross negligence

A

very great or excessive negligence that implies an extreme departure from the ordinary standard of care and shows a reckless disregard for the rights of others

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25
Q

ordinary care

A

also called reasonable care; it is what is expected of most people in most cases

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26
Q

duty of care

A

a legal obligation which is imposed on an individual, requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others

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27
Q

breach of duty

A

a term for what occurs when a person’s conduct fails to meet an applicable standard of care

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28
Q

actual causation

A

a factor without which the result in question (harm) could not happen (e.g. but for the defendant’s action, the result would not have happened)

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29
Q

proximate causation

A

a term for what occurs when an event is sufficiently related to an injury that the courts deem the event to be the cause of that injury; it involves foreseeability on the part of the perpetrator

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30
Q

but-for test

A

but for the existence of X, would Y have occurred?

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31
Q

foreseeability

A

how likely it was that a person could have anticipated the potential or actual results of their actions

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32
Q

perpetrator

A

a person who carries out a harmful, illegal, or immoral act

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33
Q

four elements of negligence

A

duty of care, breach of duty, causation (either actual or proximate) and negligence (harm)

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34
Q

nominal damages

A

a punishment limited to a recognition of wrongdoing by the defendant; these are awarded when no substantial injury is suffered or the plaintiff fails to demonstrate a valid dollar amount

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35
Q

compensatory damages

A

the most common type of damages, divided into economic damages and noneconomic damages

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36
Q

punitive damages

A

damages that exceed mere compensation and that are intended to punish the party and deter certain types of conduct

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37
Q

economic damages

A

also called special damages; compensation for objectively verifiable monetary losses such as past and future medical expenses or loss of past and future earnings

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38
Q

noneconomic damages

A

compensation for subjective, non-monetary losses such as pain, suffering, inconvenience, emotional distress, loss of society and companionship, loss of consortium, and loss of enjoyment of life

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39
Q

damages

A

a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury

40
Q

claimant

A

a person making a claim, especially in a lawsuit or for a government-sponsored benefit

41
Q

negligent infliction of emotional distress

A

a personal injury law concept that arises when one person (the defendant) acts so carelessly that he or she must compensate the injured person (the plaintiff) for resulting mental or emotional injury; it is difficult to prove

42
Q

affirmative defense

A

a defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal liability or civil liability, even if it is proven that the defendant committed the alleged acts

43
Q

contributory negligence

A

A defense to a tort claim based on negligence. If it is available, the defense completely bars plaintiffs from any recovery if they contribute to their own injury through their own negligence

44
Q

comparative negligence

A

A tort rule for allocating damages when both parties are at least somewhat at fault. In a situation where both the plaintiff and the defendant were negligent, the jury allocates fault, usually as a percentage (for example, a jury might find that the plaintiff was 30% at fault and the defendant was 70% at fault). Then each pays their share of the other’s damages (in the above example, the plaintiff pays 30% of defendant’s damages, and defendant pays 70% of plaintiff’s damages).

45
Q

pure comparative negligence

A

a tort rule where each defendant is only liable for his or her percentage of fault in a comparative negligence case

46
Q

partial comparative negligence

A

also called modified comparative negligence; a plaintiff is only allowed to recover damages if the plaintiff’s negligence is “not greater than” or “not as great as” the defendant’s negligence

47
Q

assumption of risk

A

an affirmative defense that bars a plaintiff from recovering on his or her negligence claim if the defendant proves that the plaintiff had actual knowledge of a danger, understood and appreciated the risks associated with the danger, and voluntarily exposed himself or herself to those risks

48
Q

sudden emergency doctrine

A

a doctrine of tort law: a person who is confronted with a sudden and unexpected perilous situation not of his or her own making and who acts as would a reasonably prudent person under the circumstances will not be held liable even if later reflection shows that the wisest course was not chosen

49
Q

unavoidable accident

A

an occurrence that could not have been foreseen or anticipated in the exercise of ordinary care and that results without the fault or negligence of either the defendant or the plaintiff

50
Q

recovery

A

the amount of money and any other right or property received by a plaintiff in a lawsuit

51
Q

Act of God

A

disasters that are not human related and not reasonably foreseeable

52
Q

rescue doctrine

A

a doctrine which states that if a tortfeasor creates a circumstance that places a victim in danger, the tortfeasor is liable for the harm caused not only to the victim but also to any person injured in an effort to rescue the victim

53
Q

charitable immunity

A

a legal doctrine which holds that a charitable organization is not liable under tort law; this immunity has been dramatically reduced since its inception in the 19th century

54
Q

corporate negligence

A

a doctrine under which a hospital is liable if it fails to uphold the proper standard of care owed a patient

55
Q

respondeat superior

A

Latin for: “let the master answer”; also called vicarious liability or secondary liability; a doctrine that holds an organization responsible for the actions of its employees, provided that those individuals were acting within the scope of their employment or within the organization’s direction at the time they conducted the tortious activity in question

56
Q

tortious

A

(adjective) constituting a tort; wrongful

57
Q

agency

A

A consensual relationship created by contract or by law where one party, the principal, grants authority for another party, the agent, to act on behalf of and under the control of the principal to deal with a third party. An agency relationship is fiduciary in nature, and the actions and words of an agent exchanged with a third party bind the principal.

58
Q

fiduciary

A

A person or organization that acts on behalf of another person or persons, putting their clients’ interests ahead of their own, with a duty to preserve good faith and trust. Being a fiduciary thus requires being bound both legally and ethically to act in the other’s best interests.

59
Q

strict liability

A

a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant

60
Q

defamation

A

a false statement about another that unjustly harms their reputation

61
Q

slander

A

the spoken form of defamation

62
Q

libel

A

the written form of defamation

63
Q

invasion of privacy

A

the tort of unjustifiably intruding upon another’s right to privacy by appropriating his or her name or likeness for personal gain, by unreasonably interfering with his or her seclusion, by publicizing information about his or her private affairs that a reasonable person would find objectionable and in which there is no legitimate public interest, or by publicizing information that unreasonably places him or her in a false light

64
Q

“play hooky”

A

[slang] also hooky, hookey, or “play hookey”; a phrase which means to be away from school without permission

65
Q

breach of confidentiality

A

also called violation of confidentiality; it is the unauthorized disclosure of confidential information

66
Q

elements of the breach of confidentiality claim

A

(1) existence of duty to not disclose health information
(2) a breach of the duty
(3) harm to the plaintiff and a request for damages

67
Q

immunity (law)

A

also called immunity from prosecution; it is a legal status wherein an individual or entity cannot be held liable for a violation of the law, in order to facilitate societal aims that outweigh the value of imposing liability in such cases

68
Q

facilitate

A

make (an action or process) easy or easier

69
Q

Good Samaritan laws

A

laws that offer legal protection to people who give reasonable assistance to those who are, or whom they believe to be injured, ill, in peril, or otherwise incapacitated. The protection is intended to reduce bystanders’ hesitation to assist, for fear of being sued or prosecuted for unintentional injury or wrongful death

70
Q

duty to rescue laws

A

a law that requires people to offer assistance to people who are in danger and holds those who fail to do so liable

71
Q

statute of limitations

A

a statutory enactment that places time limits on certain claims; its purpose is to give people a reasonable amount of time to bring a claim but also to ensure that a claim is brought when the evidence is fresh

72
Q

enactment

A

(1) the process of passing legislation
(2) a process of acting something out
(3) something (such as a law) that has been enacted (made into law)

73
Q

toll (law)

A
  1. To stop the running of a time period, especially a time period set by a statute of limitations.
  2. To bar or take away. (e.g. Tolling a right of entry takes away the right to be present on the land.)
  3. Money paid in exchange for using something, especially a road or bridge.
74
Q

wrongful death claim

A

a civil claim against a person who can be held liable for a death

75
Q

statute of repose

A

a law that cuts off the right to file a claim after a specified time period has elapsed; enforced more strictly than a statute of limitations

76
Q

contract law

A

the body of civil law relating to agreements between parties, most often in the context of business or commercial relationships

77
Q

civil law

A

the system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs

78
Q

criminal law

A

a system of laws concerned with punishment of individuals who commit crimes

79
Q

medical malpractice insurance

A

a type of professional liability insurance intended to cover healthcare professionals

80
Q

affidavit of merit

A

a requirement in some jurisdictions, primarily in medical malpractice claims, to have an expert file an affidavit stating the claim has merit. It is a measure enacted to deter frivolous lawsuits. When a plaintiff in a medical liability lawsuit does not file an affidavit of merit with the complaint, the case may be dismissed.

81
Q

affidavit

A

a written statement confirmed by oath or affirmation, for use as evidence in court

82
Q

dilatory

A

(adjective) tending or intended to cause delay

83
Q

sham

A

(1) a trick that deludes
(2) hypocrisy
(3) an ornamental covering for a pillow
(4) an imitation or counterfeit purporting to be genuine
(5) a dishonest person or a person who commits a fraud

84
Q

contingency fee

A

the amount of money a plaintiff’s lawyer receives based on a percentage of money awarded to the plaintiff; it allows plaintiffs who cannot afford a lawyer to seek redress in court without any financial investment

85
Q

redress

A

remedy or compensation for a wrong or grievance

86
Q

collateral source payment

A

income a plaintiff in a tort case receives from a source other than the defendant (e.g. a plaintiff is injured, receives money from Medicare to pay for the injury, and then sues for the amount that they were already paid; the money Medicare gave them is the collateral source payment)

87
Q

structured settlement

A

an arrangement in which damages for a claim are paid in installments rather than in one lump sum

88
Q

annuity

A

a fixed sum of money paid to someone each year, typically for the rest of their life

89
Q

joint and several liability

A

a rule that says that any one of two or more codefendants in a case may be held liable for the entire amount of a judgment if the other defendants do not pay their portion (e.g. Defendant A will be required to pay 100%, even if A is only responsible for 60%, because Defendant B did not pay their 40%)

90
Q

proportionate liability

A

each codefendant in a case is only responsible to pay their own share of the damages in a judgment

91
Q

no-fault insurance

A

any type of insurance contract under which the insured party is indemnified by their own insurance company for losses, regardless of the source of the cause of loss

92
Q

indemnity

A

a contractual obligation of one party to compensate the loss incurred to the other party due to the acts of the indemnitor or any other party

93
Q

indemnitor

A

a person or organization (usually an insurance company) that provides indemnity

94
Q

consortium

A

(1) an association, typically of several business companies

(2) the right of association and companionship with one’s husband or wife

95
Q

elapse (verb)

A

(of time) pass or go by

Fundamentals of Law for Health Informatics and Information Management (17 decks)

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