Law & Ethics Flashcards
governs crimes against society – fines or imprisonment
Criminal Law
governs crimes/wrongs against people/property – money sought
Civil Law
wrongful civil act against another
Tort
results in or caused harm
Negligence
improper performance of an act
Misfeasance
performance of an improper act
Malfeasance
failure to act, could be misfeasance or malfeasance
Malpractice
Duty, Dereliction, Direct Cause, Damages
4 D’s of malpractice
patient/physician relationship established
Duty
neglected obligation or improper action
Dereliction
negative outcome results from failure to act or professional’s act
Direct Cause
sustained harm from negligent act
Damages
it speaks for itself
Res ipsa loquitur
let the master respond (answer)
Respondeat superior
court order to appear in court (person or documents)
Supoena
verbal or written approval
Expressed
patient’s action indirectly indicate approval
Implied
age is less than majority however is independent
Emancipated minor
patient signs wishes for medical care if incapacitated
Advance directives
false or malicious verbal statement
Slander
false or malicious written statement
Libel
touching without consent
Battery
a threat with apparent ability to do so
Assault