Legal & Law Flashcards
ADA
The federal Americans with Disabilities Act of 1990.
Administrative Law
That branch of public law that deals with the various organs of federal, state,
and local governments which prescribes in detail the manner of their activities.
Advance Directives
Legally executed document that explains the patient’s healthcare-related
wishes and decisions. It is drawn up while the patient is still competent and is used if the patient
becomes incapacitated or incompetent.
Advocacy
Acting on behalf of those who are not able to speak for or represent themselves. It is
also defending others and acting in their best interest. A person or group involved in such activities is
called an advocate.
Affidavit
A written statement of fact signed and sworn before a person authorized to administer an
oath.
Appeal
The process whereby a court of appeals reviews the record of written materials from a trial
court proceeding to determine if errors were made that might lead to a reversal of the trial court’s
decision.
Autonomy
A form of personal liberty of action in which the patient holds the right and freedom to
select and initiate his or her own treatment and course of action, and taking control for his or her
health; that is, fostering the patient’s independence and self-determination.
Bad Faith
Generally involving actual or constructive fraud, or a design to mislead or deceive
another.
Beneficence
The obligation and duty to promote good, to further and support a patient’s legitimate
interests and decisions, and to actively prevent or remove harm; that is, to share with the patient risks
associated with a particular treatment option.
Bona Fide
Literally translated as “in good faith”
Burden of Proof
The duty of producing evidence as the case progresses, and/or the duty to
establish the truth of the claim by a preponderance of the evidence. The former may pass from party
to party, the later rests throughout upon the party asserting the affirmative of the issue.
Case Law
The aggregate of reported cases forming a body of jurisprudence, or the law of a
particular subject as evidenced or formed by the adjudged cases, in distinction to statutes and other
sources of law.
Civil Case or Suit
A case brought by one or more individuals to seek redress of some legal injury
(or aspect of an injury) for which there are civil (non-criminal) remedies.
Common Law
A system of legal principles that does not derive its authority from statutory law, but
from general usage and custom as evidenced by decisions of courts.
Compensation
Money that a court or other tribunal orders to be paid, by a person whose acts or
omissions have caused loss or injury to another, in order that the person demnified may receive equal
value for the loss, or be made whole in respect to the injury.
Competence
The mental ability and capacity to make decisions, accomplish actions, and perform
tasks that another person of similar background and training, or any human being, would be
reasonably expected to perform adequately.
Confidential Communications
Certain classes of communications, passing between persons who
stand in a confidential or fiduciary relation to each other (or who, on account of their relative situation,
are under a special duty of secrecy and fidelity), that the law will not permit to be divulged.
Contempt of Court
Any act that is calculated to embarrass, hinder, delay or obstruct the court in
the administration of justice, or that is calculated to lessen its authority of its dignity.
Cross Examination
The questioning of a witness during a trial or deposition by the party opposing
those who originally asked him/her to testify.
Damages
Money awarded by a court to someone who has been injured (plaintiff) and that must be
paid by the party responsible for the injury (defendant). Normal damages are awarded when the
injury is judged to be slight. Compensatory damages are awarded to repay of compensate the
injured party for the injury incurred. Punitive damages are awarded when the injury is judged to have
been committed maliciously or in wanton disregard of the injured plaintiff’s interests.
Defendant
The person against whom an action is brought to court because of alleged responsibility
for violating one or more of the plaintiff’s legally protected interests.
Deposition
The testimony of a witness taken upon interrogatories not in open court, but in
pursuance of a commission to take testimony issued by a court, or under a general law on the
subject, and reduced to writing and duly authenticated, and intended to be used upon the trial of an
action in court.
Direct Examination
The first interrogation or examination of a witness, on the merits, by the party
on whose behalf he/she is called.
Discovery
The process by which one party to a civil suit can find out about matters that are relevant
to his/her case, including information about what evidence the other side has, what witnesses will be
called upon, and so on. Discovery devices for obtaining testimony, requests for documents or other
tangibles, or requests for physical or mental examinations.
Distributive Justice
Deals with the moral basis for the dissemination of goods and evils, burdens
and benefits, especially when making decisions regarding the allocation of healthcare resources.
Evidence
Any species of proof, or probative matter, legally presented at the trial of an issue, by the
act of the parties and through the medium of witnesses, records, documents, concrete objects, and
the like, for the purpose of inducing beliefs in the minds of the court or jury as to their contention.
Ex Parte
A judicial proceeding, order, injuction, and so on, taken or granted at the instance and for
the benefit of one party only, and without notice to, or contestation by, any person adversely
interested.
Expert Witness
A person called to testify because of recognized competence in an area.
Fair Hearing
One in which authority is executed fairly; that is consistent with the fundamental
principles of justice embraced within the conception of due process of law.
Fiduciary
Person in a special relationship of trust, confidence or responsibility in which one party occupies a superior relationship and assumes a duty to act in the dependent’s best interest. This
includes a trustee, guardian, counselor or institution, but it could also be a volunteer acting in this
special relationship.
Fraud
Knowingly and willfully executing, or attempting to execute a scheme or artifice to defraud
any healthcare benefit program or to obtain, by means of false or fraudulent pretenses,
representations, or promises, any of the money or property owned by, or under the custody or control
of, any healthcare benefit program. Fraud is an intentional deception or misrepresentation that
someone makes, knowing it is false, that could result in an unauthorized payment.
Gag Rules
A clause in a provider’s contract that prevents physicians or other providers from
revealing a full range of treatment options to patients or, in some instances, from revealing their own
financial self-interest in keeping treatment costs down. These rules have been banned by many
states.
Guardian
A person appointed by the court to be a substitute decision-maker for persons receiving
services deemed to be incompetent of making informed decisions for themselves. The powers of a
guardian are determined by a judge and may be limited to certain aspects of the person’s life.
Healthcare Proxy
A legal document that directs the healthcare provider/agency in whom to contact
for approval/consent of treatment decisions or options whenever the patient is no longer deemed
competent to decide for self.
Hearsay
Evidence not proceeding from the personal knowledge of the witness, but from the mere
repetition of what has been heard from others.
Impeach
In the law of evidence, it is to call in question the veracity of a witness, by means of
evidence adduced for that purpose.
Informed Consent
Consent given by a patient, next of kin, legal guardian, or designated person for
a kind of intervention, treatment, or service after the provision of sufficient information by the provider.
A decision based on knowledge of the advantages and disadvantages and implications of choosing a
particular course of action.
Interrogatories
A set or series of written questions composed for the purpose of being propounded
to a party in equity, a garnishee, or a witness whose testimony is taken in a deposition.
Justice
Maintaining what is right and fair and making decisions that are good for the patient.
Liability
Legal responsibility for failure to act appropriately or for actions that do not meet the
standards of care, inflicting harm on another person.
Lien
A charge or security or encumbrance upon property.
Limitation, Statute of
A statute prescribing limitations to the right of action on certain described
causes of action; that is, declaring that no suit shall be maintained on such causes of action unless
brought within a specified period of time after the right accrued.
Litigation
A contest in a court for the purpose of enforcing a right, particularly when inflicting harm
on another person.
Living will
A legal document that directs the healthcare team/provider in holding or withdrawing life
support measures. It is usually prepared by the patient while he or she is competent, indicating the
patient’s wishes.
Malpractice
Improper care or treatment by a healthcare professional. A wrongful conduct.
Medical Durable Power of Attorney
A legal document that names a surrogate decision maker in
the event that the patient becomes unable to make his or her own healthcare decisions.
Motion
A request to the court to take some action or to request the opposing side to take some
action relating to a case.
Negligence
Failure to act as a reasonable person. Behavior is contrary to that of any ordinary
person facing similar circumstances.
Nonmaleficence
Refraining from doing harm to others; that is, emphasizing quality care outcomes.
Petition
An application to a court ex parte paying for the exercise of the judicial powers of the court
in relation to some matter that is not the subject for a suit or action, or for authority to do some action
that requires the sanction of the court.
Plaintiff
A person who brings a suit to court in the belief that one or more of his/her legal right have
been violated or that he/she has suffered legal injury.
Precedent
A decision by a judge or court that serves as a rule or guide to support other judges in
deciding future cases involving similar or analogous legal questions.
Privacy, Right of
The right of an individual to withhold his/her person and property from public
scrutiny, if so desired, as long as it is consistent with the law or public policy.
Release
The relinquishment of a right, claim, or privilege, by a person in whom it exists or to whom
it accrues, to the person against whom it might have been demanded or enforced.
Remand
To send back, as in sending a case back to the same court out of which it came for
purposes of having some action taken on it there.
Remedy
The means by which a right is enforced or the violation of a right is prevented, redressed,
or compensated.
Respondeat Superior
Literally, “let the master respond.” This maxim means that an employer is
liable in certain cases for the wrongful acts of his/her employees, and the principal for those of his/her
agency.
Settlement
A “meeting of minds” of parties to a transaction or controversy which resolves some or
all of the issues involved in a case.
Statute
An act of a legislature declaring, commanding, or prohibiting and action, in contrast to
unwritten common law.
Stipulation
An agreement between opposing parties that a particular fact or principle of law is true
and applicable.
Subrogation
The right to pursue and lien upon claims for medical charges against another person
or entity.
Subpoena
A process commanding a witness to appear and give testimony in court.
Tort
A civil wrong for which a private individual may recover money damages, arising from a breach
of duty created by law.
Tort Liability
The legal requirement that a person responsible, or at fault, shall pay for the damages
and injuries caused.
Tort-Feasor
A wrong-doer who is legally liable for damage caused.
Veracity
The act of telling the truth.
Waiver
The intentional or voluntary relinquishment of a known right.
Paternalism
behavior, by a person, organization or state, which limits some person or group’s liberty or autonomy for their own good.
can also imply that the behavior is against or regardless of the will of a person, or also that the behavior expresses an attitude of superiority.
Stark Lawn
A limitation on certain physician referrals. It prohibits physician referrals of designated health services (“DHS”) for Medicare and Medicaid patients if the physician (or an immediate family member) has a financial relationship with that entity.
