Law/Insurance Flashcards
list types of insurance
standard property, workers’ comp, health, liability, professional malpractice, personal injury
define LEGAL LIABILITY INSURANCE
legal accountability for one’s acts or omissions
define PROFESSIONAL MALPRACTICE INSURANCE
covers errors & omissions during standard course of care & doesn’t cover for criminal behavior
aka: professional malpractice insurance
professional liability insurance
what types of insurance involve medical practices?
professional malpractice/professional liability, legal liability, personal injury
define PERSONAL LIABILITY INSURANCE
financial protection for damage you are responsible for (homeowner, auto, etc)
aka: personal liability insurance
comprehensive personal liability insurance
define PERSONAL INJURY INSURANCE
coverage for injury related to home/auto & protects policy holder from lawsuits bc of alleged damage from invasion of privacy
give examples of things covered by personal injury insrance
defamation, libel, slander, person’s home, possessions, privacy
describe CRIMINAL LAW
exclusively statutory & deals w/someone who failed to perform required act/performed prohibited act, 2 types
what are the 2 types of criminal law
misdemeanors & felonies
define MISDIMEANORS
offenses avoidable w/commonsense
what is the punishment for misdemeanors
county/region jail for < 1 yr/fine/community service/restitution/other judge punishment/combo
order of prosecution pertaining to criminal law
police investigates –> DA/state attorney prosecutes –> jury decides –> judge sentences
define FELONIES
4 types of crimes w/intent of significant harm from property deprivation/injury
what is standard of proof for criminal law?
beyond a reasonable doubt
list the types of felonies
murder, manslaughter, robbery, burglary
punishment for felonies?
state prison > 1 yr/death
define MURDER
unlawful killing of another w/malice w/degrees based on level of premeditation/victim status
define MANSLAUGHTER
killing w/o malice either voluntary/involuntary
define ROBBERY
illegal taking of money/goods from person in their presence via force/intimidation
define BURGLARY
taking money/property w/o presence of victim
what does it take (in terms of evidence) for someone to be convicted of federal crime?
jury must agree all elements of crime were done by defendant, if there is reasonable doubt they are not guilty
define CIVIL LAW
collection of statutes & case law governing conduct & affairs of ppl, entities, & rights
what is standard of proof for civil law
preponderance of evidence
define PREPONDERANCE OF EVIDENCE
greater/more convincing evidence & its probable truth, not the amount
what can you receive when you sue using tort law
compensatory & punitive damages
t/f: negligence & malpractice are torts
true
difference between compensatory & punitive damages?
compensatory goes toward victim & punitive punishes party at fault
what is used to determine if pt can collect damages from negligence?
standard of care
what factors must be present for negligence
- duty of care owed by defendant to plaintiff
- defendant breached duty
- plaintiff suffered harm
- harm result of defendant’s breach of duty
list plausible definitions to allegations of medical malpractice
statute of limitations, contributory negligence, & emergency
list the factors determining malpractice
- relationship between provider & pt
- relationship create duty of provider toward pt
- duty was nature of standard of care
- provider breach duty
- pt injured
- pt wouldn’t have sustained injury if not for causation/breach of duty
define CAUSATION
failure of provider to act according to duty/act in manner consistent w/providers in similar circumstances
