Exam 2 Flashcards
What’s the difference between deposition and interrogatory?
Deposition is sworn testimony given and recorded outside the courtroom during the pretrial phase of a case.
Interrogatory is a written set of questions requiring written answers from a plaintiff or defendant under oath.
Res Ipsa Loquitur
-Latin for “The thing speaks for itself”
-Known as the doctrine of common knowledge.
-A situation that is obviously negligent.
What’s the difference between arbitration and mediation?
-Mediation is an ADR method in which a neutral third party listens to both sides of the argument and helps resolve it.
-Arbitration is a method of settling disputes in which the opposing parties agree to abide by the decision of the arbitrator.
What’s the difference between contributory and comparative Negligence?
-Contributory negligence is an affirmative defense that alleges that the plaintiff, through lack of care, caused or contributed to his or her own injury.
-Comparative negligence is an affirmative defense claimed by the defendant, alleging that the plaintiff contributed to the injury by a certain degree.
What’s the difference between assault and battery?
-Assault is the open threat of bodily harm to another or acting in such a way as to put another in the “Reasonable apprehension of bodily harm.”
-Battery is an action that causes bodily harm to another. It is broadly defined as any bodily contact made without permission.
What’s the difference between Criminal and Civil Law?
-Criminal law is law that involves crimes against the state.
-Civil law is law that involves wrongful acts against persons.
What powers are Exclusive to state governments that pertain to healthcare?
Issue licenses, govern payment of fees
When do problems in consent occur?
When foster children need medical attention or a spouse seeks sterilization or an abortion.
What’s the difference between informed, implied, and expressed consents?
-Informed consent is consent that has to be signed on a consent form.
-Implied consent is consent that is given when you make an appt or cooperate with procedures.
- Expressed consent is written
WHen is consent necessary
In emergency situations, when the patient is in immediate danger, the physician is not expected to obtain consent before proceeding with treatment.
What’s the difference between fact and expert testimony?
-Fact testimony is testimony from healthcare practitioners or laypersons, it concerns only those facts the witness has observed.
-Only experts in a particular field can give expert testimony such as physicians, they may be asked their opinion.
Statute of limitations
That period of time established by state law during which a lawsuit may be filed.
Types of defenses
Denial- A defense that claims innocence of the charges or that one or more of the four D’s of negligence are lacking.
Affirmative defenses- defenses used by defendants in medical professional liability suits that allow the accused to present factual evidence that the patient’s condition was caused by some factor other than the defendants negligence.
Contributory negligence- an affirmative defense that alleges that the plaintiff, through lack of a care caused or contributed to his or her own injury.
Comparative negligence- an affirmative defense claimed by the defendant alleging that the plaintiff contributed to the injury by a certain degree.
Assumption of risk- A legal defenses that holds that the defendant is not guilty of a negligent act because the plaintiff knew of and accepted beforehand any risks involved.
Emergency- A type of affirmative defense in which the person who comes to the aid of a victim in an emergency is not held liable under certain circumstances.
Technical defenses- Defenses used in a lawsuit that are based on legal technicalities.
Release of tortfeaser- A technical defense that prohibits a lawsuit against the person who caused injury (the tortfeaser) if he or she was expressly released from further liability in the settlement of a suit.
Respondeat superior
“Let the master answer” a doctrine under which an employer is legally liable for the acts of his or her employees, if such acts were performed within the scope of the employees duties.
The branches of Government
EXECUTIVE- Enforces laws, can nominate and appoint judges, can veto congressional legislation.
LEGISLATIVE- Writes laws, can impeach the president, can override executives veto, can accept or reject judicial nominations.
JUDICIAL- interprets laws, can declare presidents actions as unconstitutional, can declare laws as unconstitutional.
Torts
A civil wrong committed against a person or property, excluding breach of contract.
Can be unintentional or intentional.
Negligence
An unintentional tort alleged when one may have performed or failed to perform an act that a reasonable person would or would not have done in similar circumstances.
Truth in Lending act
When a patient and a physician make a bilateral payment agreement that medical fees will be paid in four or more installments or will include finance charges.
Good Samaritan Acts and Laws
State laws protecting physicians and sometimes other healthcare practitioners and laypersons from charges of negligence or abandonment if they stop to help the victim of an accident or other emergency.
These healthcare workers must act in their scope of practice, in good faith, and must not bill the person
Risk Management
The taking of steps to minimize danger, hazard, and liability.
The four D’s of negligence (fill in the blank)
The four D’s of negligence must be present in a given situation to prove that the healthcare professional is guilty of negligence.
Duty- The person charged with negligence owed a duty of care to the accuser.
Dereliction- The health care provider breached the duty of care to the patient.
Damage- The health care providers dereliction of duty caused injury to the patient.
Direct Cause- The breach of the duty of care to the patient was a direct cause of the patients injury.
What is the purpose of medical malpractice insurance? (Fill in the blank
To pay damage awards in the event of a negligence or malpractice suit up to the limits of the policy.
Documentation rule (if it wasn’t documented?)
If there is no document that something was done, it is presumed that it has not been done. If there is documentation of something being done, it is presumed to be done.
