Exam I Flashcards
What two systems do our judicial system operate?
state and federal
How are most law suits filed?
in a state trial court
What is the difference between law and ethics?
law: dictate what you must do
ethics: dictate what you should do
What is the difference between civil and criminal law?
criminal: crimes against society
civil: wrongs against an individual
What type of cases fall under civil law?
- malpractice
- personal injury
- worker’s comp
What is contract law?
- a form of civil law
- a contract is an agreement between 2 or more parties
Contract law-consideration
something of legal value given by each part
What is disaffirmation?
legal right of incompetent part to set aside agreement
What are the 3 kinds of disaffirmation?
- minors
- under the influence
- mental issues
breech of contract
one party fails to perform the required obligations
Remedies
actions to obtain satisfaction for injury caused by a breech
What is a tort?
a civil wrong
What are the three types of torts?
- intentional
- unintentional
- strict liability
What are examples of intentional tort?
assault and battery, invasion of privacy
What are examples of unintentional tort?
negligence, malpractice which is professional negligence
What percent of practicing chiropractors are involved in litigation?
2-3% according to NCMIC
When was the 1st malpractice suit?
1794
What are the four Ds of a malpractice claim?
- duty
- dereliction of duty
- direct causation
- damage
What is reliance?
an informal setting/social settings
What does the “same or similar” locality test allow?
it allows for the plaintiff to have an expert from outside the community testify
What was Rosenberg vs Cahill about?
chiropractor missed tumors on a child’s x-rays
Why is an expert witness called?
to establish the appropriate standard of care
What did the “locality rule” state?
the doctor needed only perform to a level of care of his colleagues in the locality within which he practiced
What is the “conspiracy of silence”?
a reluctance of local doctors to testify against one of their own
What is res ipsa loquitur?
- the thing speaks for itself
- jury needs no expert
- guilty until proven innocent
Fracturing a rib while performing a thoracic adjustment is an example of what type of case?
res ipsa loquitur
What are some factors that can influence and alter changes in standard of care?
- statutory presumption
- judicial edict
- technology
- college training
- specialization
- advertising
What is negligence defined as?
failing to conform to the required level of care
What are some actions that will usually support a claim of negligence?
- rib fractures
- therapy burns
- patient falls from table
- on table injuries
What is battery?
unauthorized touching of another
