[Legal Med] 1.1 Identification Flashcards
What is the legal principle of “Res Ipsa Loquitur”?
“Res Ipsa Loquitur” is a legal doctrine that infers negligence from the very nature of an accident or injury, in the absence of direct evidence on how any defendant behaved.
What are the elements required to establish medical malpractice?
The elements required to establish medical malpractice include:
1. Duty of care.
2. Breach of duty.
3. Causation.
4. Damages.
Define “Medical Negligence.”
Medical Negligence is the failure to provide the standard of care that a reasonably prudent healthcare provider would under similar circumstances, leading to harm or injury to the patient.
What is the role of “Expert Testimony” in medical malpractice cases?
Expert testimony is crucial in medical malpractice cases to establish the standard of care, breach of that standard, and causation. Experts provide opinions based on their professional knowledge and experience.
What is “Informed Consent” in the medical legal context?
Informed Consent is the process by which a patient voluntarily agrees to a proposed medical treatment after being informed of the risks, benefits, alternatives, and potential consequences.
What is the “Doctrine of Contributory Negligence” in medical law?
The Doctrine of Contributory Negligence refers to a situation where the plaintiff’s own negligence contributed to the harm they suffered, potentially reducing or eliminating their ability to recover damages from the defendant.
Explain the concept of “Vicarious Liability.”
Vicarious Liability is a legal principle where an employer or superior is held responsible for the actions or omissions of their employees or subordinates, performed within the course of their employment.
What is “Assault” in the context of medical practice?
Assault in medical practice refers to an intentional act by a healthcare provider that creates an apprehension in the patient of imminent harmful or offensive contact without the patient’s consent.
Define “Battery” in the medical-legal context.
Battery occurs when a healthcare provider intentionally makes physical contact with a patient without their consent, whether or not it results in harm.
What does “Standard of Care” mean in medical practice?
The Standard of Care is the level of care and skill that the average healthcare provider in a given specialty would provide under similar circumstances, reflecting what is deemed acceptable and appropriate in the medical community.
Describe the concept of “Confidentiality” in healthcare.
Confidentiality in healthcare refers to the ethical and legal obligation of healthcare providers to keep a patient’s personal and medical information private, unless consent to release the information is provided by the patient.
What are “Damages” in the context of medical malpractice?
Damages refer to the monetary compensation awarded to a plaintiff in a medical malpractice case for the injuries or losses suffered due to the healthcare provider’s negligence.
Explain the “Doctrine of Informed Refusal.”
The Doctrine of Informed Refusal is the patient’s right to refuse a medical treatment after being informed of the potential risks and consequences of that refusal.
What is “Legal Capacity” in healthcare decisions?
Legal Capacity refers to a patient’s ability to understand the nature and consequences of medical decisions and to make informed choices regarding their own healthcare.
