Lange Legal Flashcards
Informed consent key components
voluntary choice without coercion or duress, adequate understanding of rationale, risks and benefits and alternative choices.
Habeas corpus
US consitution clause that state shall not “deprive any person of life, liberty or property without due process of law” citizens hav ea right to petition the court when detained to decide whether they are behing held lawfully
Actus reus
Voluntary act of committing a crime
Mens rea
Criminal intent
Parens Patriae
state’s function as parent for those unable to care for themselves
Fourth amendment protects citizens from
unreasonable searches and seizures
When a physician receives a subpoena to release medical information, what is the first thing to do?
Contact patient to findout if he or she contsents to the release.
Competency to stand trial requires
1) ability to rationally consult with one’s attorney and 2) undertand the proceedings in both factual and rational terms.
Beneficence
Phsycian duty to do good for the patient
Nonmaleficence
Physician’s intention to not harm or bring harm to the patient and others
4Ds of medical malpractice
Plaintiff must establish presence of a fiduciary relationship (a duty), negligence (derelction of duty) and damages drirectly caused by that negligence
Testamentary capcity referes to
Level of competence rquired to make a legally valid weill
What legal standard is the current basis for establishing an insanity defense?
American Law Institute Test
