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health care law > L2- Contracts and intentional tort > Flashcards

L2- Contracts and intentional tort Flashcards

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1
Q

violation of private laws end in

A

result only in money damages

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2
Q

private laws are

A

civil actions in torts and contract law

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3
Q

tort is

A

a personal injury

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4
Q

contract - breach of contract

A

a contract is a PROMISE or set ot promises the performance of which the law recognizes as a duty and if breached the law gives a remedy

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5
Q

contracts

A

an implied contract exists between a doctor and a patient

a doctor who refuses to see or neglects a patient of record may be sued for patient abandonment

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6
Q

patient abandonemnt example

A

a dentist deserting, not being availabel, t a patient under treatment at any time the patient may reasonably require assistance

wants an appointment or wants to speak with them and does not book or talk with them

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7
Q

torts

A

a tort is a wrongful act or injury that results from a breach of duty, for which the injured party can recover damages in a civil action –

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8
Q

types of torts

A

intentional - intent assumed

unintentional – harm not intended

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9
Q

unintentional tort

A

negligence
- malpractice - professional negligence

where the personal injury is teh result of treatment

*primary legal action in which dentist/ doctor is sued

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10
Q

intentional tort examples (first main 4)

A
  1. assult and battery
  2. defamation
  3. breach of confidentiallity
  4. misrepresentation
  5. deceit
  6. fraud
  7. trespass to the person
  8. false imprisonment
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11
Q

assault and battery

- give example

A

INTENTIONAL TORT

unauthorized touching

no consent from patient to do the procedure

  • example: taking out wrong tooth
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12
Q

defamation?
two forms?
if goes to court

A

INTENTIONAL TORT
- the publicatoin of anything injurious to the good name or reputation of another, or which tends to bring him her into disrepute

libel (written) and slander (verbal)

verbal opinions about patient or colleague

attack on character that is done PUBLICLY – so moment a third person comes in – it becomes a publication

intetnional - ASSUME intended - b/c unprofessional and improper

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13
Q

breach of confidentiality

A

intentional tort

disclosure of confidential patient information

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14
Q

misrepresentation

A

intentional tort

withholding information about treatment

like crown and dont need one

decay and dont have any

untruth / limited truth for own benefit

court finds this occurs – ASSUMES INTENT TO HARM

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15
Q

civil wrongs result

- what happens in end

A

victims are compensated through money damages assessed against the person who breached the contract or who committed the tort

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16
Q

monetary damages

A

damages that mitigate or lessen the injury are known as SPECIAL DAMAGES

damages for pain and suffering are known as GENERAL DAMAGES

in RARE cases, PUNITIVE DAMAGES may be assessed against the wrongdoer as punishmet

17
Q

SPECIAL DAMAGES

A

damages that mitigate or lessen the injury are

deress the harm

18
Q

TORTS ARE PERSONAL INJURIES

A

YES

19
Q

GENERAL DAMAGES

A

damages for pain and suffering are known as this

like loss of time at work

20
Q

PUNITIVE DAMAGES

A

monetay damages
- may be assessed against the wrongdoer as punishment

to punish the doctor – more serious cases

21
Q

three types of monetary damages

A
  1. special
  2. general
  3. punitive (usually insurance does not cover this - like personal liability coverage)
22
Q

civil assault and battery

A

taking out wrong tooth could be considered

23
Q

courts assume intend to harm?

A

yes - assume they should know better and for example will not have a wrong site procedure done

why assulat and battery considered intentional

24
Q

tort is

A

personal injury

25
Q

violation of common law is

A

a tort

26
Q

violation of a contract is called

A

a breach of contract

27
Q

T/F implied contract exists

A

true — implied this exists between doctor and patient of record

28
Q

abandonment

A

doctor refuses to see or neglects a patient of record may be sued for patient abandonment

29
Q

if you give professional opinion they become a pt of record?

A

yes - if you have a license

30
Q

MAIN legal action under contract

A

abandonment

31
Q

if a court determines that there was assault and battery..the court will

A

ASSUME THE DOCTOR INTENDED TO HARM THE PATIENT

  • intentional tort
32
Q

why court assume intent to harm

A

they should know better

- expect to go to doctor and have the right procedure done

33
Q

professinoal liability insurance covers

A

covers special and general damages

NOT PUNITIVE damages

health care law (12 decks)

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