General Legal Terms Flashcards
Accountability
The obligation to disclose details for evaluation; commonly
used to mean “to be held responsible for.”
Affidavit
Voluntary statement of facts sworn to be true before an
authority.
Allegation
A statement one expects to prove true.
Battery
Intentional nonconsensual touching.
Bona fide
In good faith or innocently.
Case Law
All legal decisions reported on a given legal subject.
Complaint
First pleading filed by plaintiff’s attorney in a negligence
action.
Defamation
Injury to an individual’s reputation or character caused by
false statements to a third party (inclusive of libel and slander).
Slander
Speaking falsely about another with resulting injury
to his/her reputation. (Oral Defamation.)
Libel
Defamatory words that are printed, published, written
which affect the character or reputation of another in that it tends to hold him/her up to ridicule, contempt, shame,
disgrace or to degrade him/her in the estimation of the community. (Written defamation.)
Defendant
In criminal cases, the person accused of the crime; in civil
matters, the person or organization that is being sued.
Deposition
A method of pretrial discovery in which questions are answered
under oath.
Federal Law
Jurisdiction is given to federal courts in cases involving the
interpretation and application of the U.S. Constitution, acts of Congress,
and treaties.
Guardian
Court-appointed protector for an individual incapable of making his or her own decisions.
Iatrogenic Injury
An injury resulting from the activity of health care
professionals.
Indictment
Formal written accusation from a grand jury.
Jury
A group of citizens who decide the outcome of a criminal or civil
trial.
Larceny
Taking another’s property without consent.
Law, Common
Principles that have evolved and continue to evolve on the
basis of court decisions.
Law, Statutory
Any law prescribed by the action of a legislature.
Liability
An obligation to do or not do something; also, an obligation
potentially or actually incurred as a result of a negligent act.
Liability, Corporate
An obligation to do or not do something that falls on
the corporate body.
Liability, Personal
An obligation to do or not do something that falls on
the individual.
Malpractice
Professional misconduct that results in harm to another,
negligence of a professional.
Negligence
Omission (not doing) or commission (doing) of an act that a reasonable and prudent individual would not do under the same conditions; may be associated with the phrase “departure from the standard of care.”
Negligence, Criminal
Reckless disregard for the safety of another; willful
indifference.
Perjury
Intentionally providing false testimony under oath.
Plaintiff
The person who initiates a lawsuit.
Precedent
Legal principle, created by a court decision, which provides an example or authority for judges deciding similar issues later.
Standard of Care
Description of conduct that is expected of an individual
or professional in a given circumstance.
State Law
State statutes, regulations, and principles and rules having the force of law.
Subpoena
Court order to appear and testify or produce required documents.
Tort
A civil wrong; may be intentional or unintentional.
Tort-feasor
One who commits a tort.
Trial (10 steps(
- Opening statements by both sides
- Plaintiff’s presentation
- Cross-examination by defendant’s attorney
- Defendant’s presentation
- Cross-examination by plaintiff’s attorney
- Closing statements by both sides
- Jury instruction by judge
- Jury deliberation
- Appeal (possible)
- Execution of judgment
Assault
A threat to do bodily harm.
Liability
Responsibility for conduct falling below certain
standard which is the causal connection of the plaintiff’s
injury.
Quid-pro-quo
Something for something arrangement. Contract between the patient and health care services.
Ethic Malpractice
Professional misconduct considered improper or immoral by the profession as a whole.
Standard of Care
Skill and learning commonly possessed by members
of the profession.
Breach of Duty (negligence)
Conduct contrary to that of a reasonable person under specific circumstances.
Nonfeasance (negligence)
Acts of omission. Failure to perform act required by law.
Misfeasance (negligence)
Acts of commission. Doing act required by law by improperly.
Malfeasance (negligence)
Stepping beyond your scope of duty.
Good Samaritan Law
Legal protection given in emergency situation.
False Imprisonment
Restraining without consent or an order.
Patient’s Bill of Rights/Patient Care Partnership
Informs patient what they should expect during their hospital stay. Emphasizes that the patient needs to be involved in their health care. The patient has the right to make decisions concerning their care.
Patient Care Partnership has 6 expectations, rights, and responsibilities. What are they?
- High quality Hospital Care
- A clean safe environment
- Involvement in patient’s care
- Protection of privacy
- Help when leaving the hospital by preparing the patient and family
- Help with insurance claims
What are 10 common acts of negligence or malpractice?
- Overlooked sponges, instruments, needles etc.
- Burns
- Falls
- Wrong medications or wrong dosage
- Defects in apparatus/equipment
- Failure to observe symptoms
- Abandonment
- Stepping beyond one’s authority
- Failure to communicate when necessary
- Infections due to negligence
