Legal Considerations Flashcards
established and enforced by federal state and local legislature
statutory law
issued and enforced by an administrative body on the authority of the legislature or executive branch
administrative law
body of law and juristic theory originated, developed, and formulated as an outgrowth of english common law
also known as case law
common law
the root of law in the united states is the constitution of the united states
constitutional law
states that an employer will be held liable for an employees negligent act
“let the master answer”
respondeat superior
hospitals are liable to fulfill directly duties to the patients
doctrine of corporate responsibility
each person is responsible for his or her on actions or lack of actions
doctrine of personal liability
individuals performing an action are expected to perform that action as would any reasonable person of ordinary prudence
doctrine of the reasonably prudent man
hold that the cause of negligence is obvious
“the act speaks for itself”
res ipsa loquitur
a person who is in charge may be held responsible for all of those under his or her supervision
captain of the ship
a wrongful act (outside breach of contract) committed against a person or property
most common type of civil law
tort
acts that are not intended to do harm but result in damage to a person or property
unintentional tort
a breach or failure to fulfill the expected standard of care
negligence
the failure to do something that is reasonable person would do or not do
malpractice
requires willful action
intentional tort
an act that causes another person to fear that he or she will be touched in an offensive, insulting, or physically injurious manner without consent or authority to do so
assault
the actual act of harmful or unwarranted or unconsented contact with a person; simply touching without permission
battery
illegal detention of a person without consent and requires: confinement, intent to do so by the perpetrator, lack of consent
false imprisonment
making disparaging remarks concerning a patient or making fun of his or her problem, subsequently causing that patient emotional distress
intentional infliction of emotional distress
tort of outrage
there may have not been intent to injure or distress a patient but the act is voluntary and did
quasi-intentional tort