General Legal Terms Flashcards

1
Q

Accountability

A

The obligation to disclose details for evaluation; commonly
used to mean “to be held responsible for.”

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2
Q

Affidavit

A

Voluntary statement of facts sworn to be true before an
authority.

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3
Q

Allegation

A

A statement one expects to prove true.

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4
Q

Battery

A

Intentional nonconsensual touching.

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5
Q

Bona fide

A

In good faith or innocently.

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6
Q

Case Law

A

All legal decisions reported on a given legal subject.

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7
Q

Complaint

A

First pleading filed by plaintiff’s attorney in a negligence
action.

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8
Q

Defamation

A

Injury to an individual’s reputation or character caused by
false statements to a third party (inclusive of libel and slander).

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9
Q

Slander

A

Speaking falsely about another with resulting injury
to his/her reputation. (Oral Defamation.)

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10
Q

Libel

A

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.)

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11
Q

Defendant

A

In criminal cases, the person accused of the crime; in civil
matters, the person or organization that is being sued.

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12
Q

Deposition

A

A method of pretrial discovery in which questions are answered
under oath.

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13
Q

Federal Law

A

Jurisdiction is given to federal courts in cases involving the
interpretation and application of the U.S. Constitution, acts of Congress,
and treaties.

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14
Q

Guardian

A

Court-appointed protector for an individual incapable of making his or her own decisions.

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15
Q

Iatrogenic Injury

A

An injury resulting from the activity of health care
professionals.

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16
Q

Indictment

A

Formal written accusation from a grand jury.

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17
Q

Jury

A

A group of citizens who decide the outcome of a criminal or civil
trial.

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18
Q

Larceny

A

Taking another’s property without consent.

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19
Q

Law, Common

A

Principles that have evolved and continue to evolve on the
basis of court decisions.

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20
Q

Law, Statutory

A

Any law prescribed by the action of a legislature.

21
Q

Liability

A

An obligation to do or not do something; also, an obligation
potentially or actually incurred as a result of a negligent act.

22
Q

Liability, Corporate

A

An obligation to do or not do something that falls on
the corporate body.

23
Q

Liability, Personal

A

An obligation to do or not do something that falls on
the individual.

24
Q

Malpractice

A

Professional misconduct that results in harm to another,
negligence of a professional.

25
Q

Negligence

A

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.”

26
Q

Negligence, Criminal

A

Reckless disregard for the safety of another; willful
indifference.

27
Q

Perjury

A

Intentionally providing false testimony under oath.

28
Q

Plaintiff

A

The person who initiates a lawsuit.

29
Q

Precedent

A

Legal principle, created by a court decision, which provides an example or authority for judges deciding similar issues later.

30
Q

Standard of Care

A

Description of conduct that is expected of an individual
or professional in a given circumstance.

31
Q

State Law

A

State statutes, regulations, and principles and rules having the force of law.

32
Q

Subpoena

A

Court order to appear and testify or produce required documents.

33
Q

Tort

A

A civil wrong; may be intentional or unintentional.

34
Q

Tort-feasor

A

One who commits a tort.

35
Q

Trial (10 steps(

A
  1. Opening statements by both sides
  2. Plaintiff’s presentation
  3. Cross-examination by defendant’s attorney
  4. Defendant’s presentation
  5. Cross-examination by plaintiff’s attorney
  6. Closing statements by both sides
  7. Jury instruction by judge
  8. Jury deliberation
  9. Appeal (possible)
  10. Execution of judgment
36
Q

Assault

A

A threat to do bodily harm.

37
Q

Liability

A

Responsibility for conduct falling below certain
standard which is the causal connection of the plaintiff’s
injury.

38
Q

Quid-pro-quo

A

Something for something arrangement. Contract between the patient and health care services.

39
Q

Ethic Malpractice

A

Professional misconduct considered improper or immoral by the profession as a whole.

40
Q

Standard of Care

A

Skill and learning commonly possessed by members
of the profession.

41
Q

Breach of Duty (negligence)

A

Conduct contrary to that of a reasonable person under specific circumstances.

42
Q

Nonfeasance (negligence)

A

Acts of omission. Failure to perform act required by law.

43
Q

Misfeasance (negligence)

A

Acts of commission. Doing act required by law by improperly.

44
Q

Malfeasance (negligence)

A

Stepping beyond your scope of duty.

45
Q

Good Samaritan Law

A

Legal protection given in emergency situation.

46
Q

False Imprisonment

A

Restraining without consent or an order.

47
Q

Patient’s Bill of Rights/Patient Care Partnership

A

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.

48
Q

Patient Care Partnership has 6 expectations, rights, and responsibilities. What are they?

A
  1. High quality Hospital Care
  2. A clean safe environment
  3. Involvement in patient’s care
  4. Protection of privacy
  5. Help when leaving the hospital by preparing the patient and family
  6. Help with insurance claims
49
Q

What are 10 common acts of negligence or malpractice?

A
  1. Overlooked sponges, instruments, needles etc.
  2. Burns
  3. Falls
  4. Wrong medications or wrong dosage
  5. Defects in apparatus/equipment
  6. Failure to observe symptoms
  7. Abandonment
  8. Stepping beyond one’s authority
  9. Failure to communicate when necessary
  10. Infections due to negligence