Legal Concepts Flashcards
1
Q
Types of Law in US
A
Criminal and Civil law
2
Q
What are torts?
A
Civil wrong committed against a person or property independent of contract.
Intentional: - assault and battery
Unintentional: - malpractice, harm not intended but committed.
3
Q
What elements are required for malpractice?
A
- Legal duty that practitioner owes patient.
- breach of duty by the practitioner
- reasonable close causal connection between breach of duty and damages that result
- actual damages to the persons owed the dtuy
4
Q
The patient-provider relationship is considered what?
A
A type of contract - does not have to be in writing, and is formed when patient allows anesthetist to care for them.
5
Q
What is an implied-in-fact contract?
A
the law implies a contract for professional care in return for a reasonable fee by the actions of the two parties.