law Flashcards
what supersedes all other law
constitutional
charges are brought by individuals, groups or the state to recover damages
civil law (tort law)
charges are brought by the government to punish wrongdoing
criminal law
changes are brought by administrative agencies to enforce a set of statues
administrative law
layers of regulation
federal state accrediting agencies professional organizations facility policy and procedures
in civil and administrative law, the burden of proof is
substantially evident
the failure to use such care that a reasonably prudent and careful person would/would not use under the same or similar circumstances
failure to use reasonable care
negligent torts
intentionally committed act knowing that harm will result
intentional tort
threat to touch without consent
assault
intentional touching of another without consent
battery
confinement of a person
false imprisonment
communication that may place someone up for ridicule. slander is verbal and libel is written this
defamation
intentional misrepresentation that could cause harm
fraud
doing something that one is not supposed to do
malfeasance
the improper performance, which the person may lawfully complete
misfeasance
should have taken action but did not
nonfeasance
is a special type of negligence that occurs when the alleged wrongdoer is a professional and the act or omission is withing the scope of car of that professional
malpractice
the PT has taken responsibility to act in a reasonable manner
duty
the PT failed to act reasonably
breach
there was a consequence to that breach
damages/injury
the damages were linked directly to the breach
causation
what elements must be proven for negligence
all four
a legal relationship between the parties exists which imposes an obligation of care, performance, or observance
duty
what a reasonable professional would have done in similar circumstances
standard of care
an added award when provider’s actions were intentionally harmful or grossly negligent
punitive damages
any cause, proceeding entirely from an independent source, which “breaks the line of causation” from the defendant’s allegedly wrongful act to the plantiff’s complained - of injury
intervening cause
a legal doctrine whereby some persons are held responsible for damages their actions or products cause, regardless of any “fault” on their part
strict liability
when one person is held responsible for the negligence of another person
usually applies in an employment context
vicarious liability
4 duties of the corporate negligence doctrine
duty to monitor and supervise current staff
duty to select and retain competent staff
duty to maintain adequate and safe facilities and equipment
duty to formulate, adopt, and enforce adequate rules and policies
either action or neglect leading to physical, sexual or emotional harm
abuse
any unlawful attempt or threat of force or violence to do a corporal hurt to another, whether from malice or wantonness
assault
intends to do more than mearly frighten the victim
aggravated assault
those unwanted sexual advances while bereft of violence or even contact, nontheless offend the recipient and are clearly sexual in nature
sexual assault
an lawful touching the person of another by the aggressor or any other substance put in motion by the aggressor or any other substance put in motion by the aggressor
sillful and unlawful use of force or violence upon the person of another
battery
use of a weapon
aggravated battery
the use of force on another for sexual acts
sexual battery
names the defendants, the plaintiff, lawsuit jurisdiction, and when defendants should appear
summons
details of the case against the defendant
basis of the suit
complaint
process of receiving summons and complaint
being surved
prohibited physicians from referring Medicare patients for certain health care services to entities with which the physicians or their immediate family members have a financial relationship
STARK II Law
