Law And Ethics Quiz 2 Flashcards
Failure to preform an action that a reasonable person would have performed in a similar situation is
Negligence
Performing a wrong illegal act is considered
Malfeasance
Professional misconduct of demonstration of an unreasonable lack of skill with the result of injury loss or damage to the patient is
Malpractice
Negligence is composed of four elements
Duty, dereliction of duty,direct, or proximate cause and damages
The reasonable person standard refers to the
Duty of due care
The standard of care for physicians and other health care professionals is determine by
What members of the same profession would do in a similar situation within the same geographic area.
To prove dereliction of duty a patient would have to prove the physician
Did not conform to the acceptable standard of health
The thing speaks for its self applies to the law of negligence and is the doctrine of
Res ipa loquitor
Monetary awards by a court to a person who has been harmed in an especially malicious or willful way are
Wrongful damage
To win wrongful death case the plaintiff must prove
Negligence
The most common defense provided by the defendant in a medical malpractice case is called
Denial defense
Assumption of risk is the legal defense
That prevents the plaintiff from recovering damages if he or she accepts a risk associated with the activity.
When the employers lend a employee to someone else this is called
The borrowed servant doctrine
The statute of limitations for a case begins to run
When injury is discovered
Deliberate concealment of the facts from a patient
Fraud
Resjudicata means
The thing has been decided
The legal relationship formed between two people when one person agrees to perform work for another person called
The law of agency
Protection for the physician employer by the healthcare professional is best accomplished by
All the above
Responsibility for action in employment is ultimately assigned to the
Employer
A contract by which one person promises to compensate or reimburse another if he or she suffers a loss from a specific cause or negligence act is
Liability insurance
Coverage of the insured party for all injuries and incidents that occurred while the policy was is effect regardless of when they are reported is
Occurrence insurance
A general liability policy that covers any negligence in the part of the physicians staff would include
A rider on the malpractice policy
Submitting a dispute to a person other than a judge is called
Abitration
An important reason for arbitration of civil to save
Time and money
