Jurisprudence Flashcards
assault
threat of violence to another person
battery
adjusting without consent
libel
a false statement submitted in writing that harms another
negligence
failure to conform to the standard of care expected and imposed by law
plaintiff
where the burden of proof lies in a court or law
respondent superior
employer is responsible for actions of employees
slander
a false verbal statement about another
statute of limitation
length of time you have to sue for an injury
third party consent
the patient is mentally incapable of understanding the procedure and/or the ramifications of consent or refused, so consent is given or withheld on their behalf by a legal designate
tort
the body of the law which allows an injured person to obtain compensation from the person who caused the injury
vicarious liability
responsibility is imposed upon one person fo failure of another in the case of a special relationship (parent/child or employer/employee)
abandonment
the transfer of a patient too another doctor without the patients consent
binding arbitration
a dispute that is resolved by an unbiased third party and has no appeal process
civil court
malpractice cases against chiropractors are tried in this court
contract
acceptance, consideration, 2 or moe competent parties, legal object and consent to contract
defamation of character
any intentional false communication, either written or spoken, that harms a persons reputation
employers must pay
workers compensation, FICA, and SS for their employees
expressed consent
thee patient has the procedure explained to them understands and agrees to it
Good Samaritan law
good faith rendering of care at an emergency isn’t liable for civil damages
implied consent
the patient is unable to communicate they consent but life saving interventions are required
informed consent
providing the patient with feasible alternatives and informed of damages of treatment
malpractice
a professional negligence by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury or death to the patient
standard of care
formula diagnostic and treatment process a doctor will follow for a patient with a certain set oof symptoms or a specific illness.
“best practice”
substandard care
the standard of care is the basis on which negligence and fault are determined in medical malpractice lawsuits. It refers to level of care, skill and knowledge that is expected of all physicians in a particular field field, in a particular field, in a particular region acting in similar circumstances. standard care, treatment and sugary occur when a doctor fails to meet this standard of care
