Law Flashcards

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1
Q

Malpractice suit must include

A
  • duty
  • dereliction: were you average?
  • damage
  • direct causation

Tried according to Common Law and Precedent

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2
Q

Standard of care

A

Doctor is accountable for average care

  • affected by advertising and specialization
  • obligated to diagnose, reasonable
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3
Q

Tort/Tort Feasance

A
  • wrongful act

- societal expectations

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4
Q

Criminal charges include:

A
  • adjusting without permission is assault and battery
  • sexual misconduct
  • theft
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5
Q

Civil suits

A
  • most common
  • personal damages and duress (emotional, financial, etc.)
  • malpractice
  • breech of contracts
  • tort
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6
Q

Give-away are often subject to

A

“Bait and switch” fraud tactics

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7
Q

What is the next step after suspecting child abuse

A
  • mandatory reporters
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8
Q

All reports are _______

A

Anonymous

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9
Q

Parental consent is required if patient…

A

Is a minor

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10
Q

Guardian consent is required if:

A

Patient has/is Alzheimer’s, disabled, impaired

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11
Q

Informed consent includes

A

risks and options after ROF

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12
Q

Implied consent is assumed in

A

Accidents?

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13
Q

Statute of limitations

A

Period of time to file (7 years for adults) up to the age of 18 years for minors

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14
Q

1040 ES form

A
  • used as a sole proprietor

- used to estimate and pay taxes quarterly

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15
Q

Benefit assignment

A
  • patient agrees to have insurance monies sent to doctors
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16
Q

State board of examiners/members

A
  • selected by governor

- protect citizens

17
Q

Binding arbitration

A

No appeal process

18
Q

Malfeasance

A

Wrong act

19
Q

Res Ipsa Loquitur

A

“The things speaks for itself”

20
Q

Vicarious liability

A

Doctor is responsible for employee’s actions

21
Q

Direct examination

A

Questioning from the defense (doctor’s attorney)

22
Q

Cross examination

A

Questioning from the plaintiff (patient’s attorney)

23
Q

Comparative negligence

A

Doctor and patient share damage responsibility

24
Q

Void Dire

A
  • “to speak the truth”

For prospective juror impartiality

25
Q

Primmer Non Nocere

A

“First do no harm”