Legal Terms Flashcards
Abandonment
Unilateral improper termination of a professional-pt relationship by the PT
Administrative Law
The principles governing the activities and procedures of federal, state, and local government agencies
Advanced Directive
A legal instrument which memorializes a pt’s choice concerning life-sustaining interventions in the event of the individual’s subsequent incompetence
Affidavit
Sworn statement
Answer
The defendant’s first responsive pleading to a plaintiff’s complaint
Anti-Trust Law
Laws which promote competition among businesses for the benefit of the public
Appeal
Mandatory, discretionary review of a criminal or civil case by an appellate judicial body
Assault
An intentional act designed to make the victim fearful of harm
Assumption of Risk
A defense to a negligence action, based on a plaintiff’s voluntarily undertaking a dangerous activity after subjectively fully appreciating the nature and extent of danger involved in the activity
Autonomy
A basic ethical principle in health care recognizing the right of self-determination
Battery
An intentional act involving the act(s) of application of force, or any unconsented, unprivileged offensive touching on the person of another
Beyond A Reasonable Doubt
Judicial standard of proof in which the jury (or judge) must be satisfied to a “moral certainty” of a defendant’s guilt
Borrowed Servant Doctrine
Vicarious liability for another’s negligence placed on one or more parties based on the right to exercise control over the wrongdoer at the time the tort is committed; An important doctrine for malpractice
Civil Law
Law governing private legal actions, initiated by private plaintiffs against one or more private defendants
Clinical Affiliation Contract
An agreement, between an academic institution and a clinical site for physical therapy students intern placement.
Complainant
Individual initiating action against an individual such as a PT
Complaint
A plaintiff’s initial pleading
Contract
Enforceable legal obligations bargained for between parties.
Contributory Negligence
Professional conduct that is below the standard normally mandated by law for self-protection
Corporate Liability
The health care organization’s liability for negligent hiring, retention, and supervision of personnel.
Corporation
A business organization format in which the legal entity is apart from its owners, who have only limited liability for the obligations of the corporation.
Covenant Not To Compete
A contract provision that restricts an employee or partner from competing in the area, or a certain period of time, after termination or end of a partnership.
Criminal Negligence
Gross negligence or recklessness punishable as a criminal offense
Defamation
False communication about a person that harms the victim’s positive personal reputation in the eyes of a significant number of other people in the victim’s professional or personal community
Defendant
A party against whom litigation is initiated
Deposition
Pretrial civil litigation discovery, in which the transcribed testimony of the opposing parties and witnesses is taken outside of court.
Discovery
The pretrial process of gathering evidence to formulate case and trial strategy
Durable Power of Attorney for Health Care Decisions
A legal instrument which gives a surrogate the right to make health care decisions for a legally incompetent person
Expert Witness
An individual who has special training, experience, skill, and knowledge in a relevant area and who is allowed to offer an opinion as testimony in court.
Fiduciary
An individual in a special position of trust relative to another person such as the relationship between the PT and the patient.
Fraud
The intentional false representation of a material fact with the intention of deceiving another person and or which a second party relied upon to their detriment.
Good Samaritan Immunity
Statutory laws that exist in most states that protest persons who render voluntary gratuitous emergency first aid to others outside of clinical settings.
Guilt
Responsibility in a criminal case
Health Care Malpractice
Liability generating conduct by health care professionals which are associated with an adverse outcome of patient treatment. The liability may be based on negligence, failure to obtain informed consent to treatment, intentional conduct, breach of contract, product liability or treatment which is abnormally dangerous.
Hold Harmless
A contractual promise in which one party agrees to indemnify another against the financial risk of loss.
Immunity
Freedom from liability
Indemnification
Reimbursement/compensation of financial losses.
Incident Report
Memorialization of facts around an adverse event, such as a patient injury
- Two-fold purpose:
- Create a legal record
- Alert administration to safety concerns
Independent Contractor
A work relationship in which the individual works independently of detailed control by an employer and for whose conduct the employer is not normally vicariously liable
Intellectual Property
Computer software, manuscripts, depictions, inventions, symbols, and other intangible creations of the mind.
Intentional Torts
Wrongs that are intentional that are committed against individuals or property
Interrogatories
Written questions that are entered by opponents towards parties in civil litigation
- Used as a pretrial discovery device
Invasion of Privacy
An intentional tort that involves:
- Unreasonable intrusion on the plaintiff’s solitude
- Publication of statements which place the plaintiff in a false light
- Misappropriation of a plaintiff’s name or likeness
- Public disclosure of private facts about the plaintiff.
Joint Venture
A business relationship formed for a special limited purpose; Members have only limited authority to bind their fellow members
Justice
A health care ethical principle, indicating the desire to achieve basic fairness in health care delivery, at the individual, group, societal, and global levels.
Larceny
Illegal taking of another’s property w/the intent to permanently deprive the true owner of its use (Stealing)
Last Clear Chance
A contributory negligence concept. The defendant has the opportunity to prevent injuring the plaintiff but fails to do so.
Limited Liability Company
Hybrid form of business org combining a corporation and a partnership
Living Will
A legal document that states a person’s wishes regarding life-sustaining measures that should be taken in the event of a person’s incompetence.
Manslaughter
Unlawful homicide without a specific intent to kill the victim or a reckless disregard for human life. (Killing someone by accident)
Misdemeanor
A crime of less importance
- Punishment = Fine <$2,000 and jail for <1yr
Murder
The unlawful killing of a person with malice and with premeditation and or reckless disregard for human life. (Killing someone on purpose)
Negligence
Behavior which falls below the standard required of the ordinary, reasonable person acting under the same or similar circumstances.
Negligent Hiring
Primary liability of the employer for injury to others as a result of the employer’s failure to take reasonable steps to determine that a job applicant poses a danger to others
Negligent Homicide
A crime involving the death of a person by another’s grossly negligent conduct.
Nolo Contendere
A plea in a criminal case in which the defendant chooses not to respond to charges against them.
- Has the effect of a plea of guilty.
Nonmaleficence
Do no harm
Patent
Exclusive grant by the federal government to an original investor to make, sell, and use an invention for a period of years
Plaintiff
Party initiating the litigation
Premises Liability
The liability, responsibility of owners/occupiers of land for injuries incurred by other individuals coming onto their land.
Preponderance of Evidence
The standard of proof in a civil case.
- The plaintiff must establish that the version of the case is more than likely correct.
- The standard must be applied to each and every required element of the plaintiff’s case.
- The standard applies to the defendant for matters in which the defendant bears the legal burden of proof
Prima Facie Evidence
Evidence sufficient on its face value to establish a disputed fact.
Primary Liability
Legal responsibility for your own conduct.
Privacy
The only implied constitutional right; the right to be free of unreasonable governmental intrusion on personal freedom.
Privelage
The freedom not to disclose, or permit another person to disclose confidential communications, freedom from liability for defamation.
Probable Cause
Substantial, objective, credible evidence that a particular suspect committed a specific offense.
Product Liability
Civil liability for injuries caused by dangerous or defective products to consumers and others
Professional Negligence
Tx-related negligence (Substandard Care)
Punitive Damages
Extreme damages in a civil case, in excess of normal compensatory special and general damages awarded against a defendant who engages in outrageous wanton or willful conduct.
Quid Pro Quo
A type of sexual harassment case in which the victim’s response to sexual harassment forms the basis for employment-related decisions involving the victim of others (The granting of a favor or being given an advantage in expect for something in return)
Reporting Statute
Statutory laws that requires HCP’s and teachers to report certain evaluative findings such as communicable diseases, suspected child/domestic/ elder abuse, and trauma wounds
Respondent Superior
Vicarious liability such as the liability of a supervisor for the actions of their student (“Let the master answer”)
Respondent
The person against whom a formal administrative or ethical complaint has been lodged
Restrictive Covenant
In the case of an employment contract, it is a contractual provision limiting a party’s ability to act without restraint
Risk Management
A result of quality assurance, the business strategies, and tactics that focus on how to prevent patient injuries, complaints to minimize the organization’s liability exposure.
Sexual Battery
A result of quality assurance, the business strategies, and tactics that focus on how to prevent patient injuries, complaints to minimize the organization’s liability exposure.
Sexual Harassment
Sexual advances that are an unwelcome request for sexual favors and any verbal or physical conduct of a sexual nature directed toward another person.
Sole Proprietorship
A form of business organization in which an individual business owner personally controls the business and therefore is solely liable for all incidents associated with its operation
Spoilation
Intentional destruction or negligent loss of the medical records relevant to litigation by a defendant or by somebody associated with the defendant.
Standard of Care
A negligence concept that compares the conduct of a defendant to that of reasonably competent peers acting under the same or similar circumstances.
Strict Liability
Imposition of civil or criminal liability without regard for fault, guilt or motive, based on public policy considerations
Substandard Care
Care that is not in compliance with legal and ethical standards and fails to meet at least minimally acceptable practice standards.
Substantive Due Process
A legal requirement that government must treat people fairly when taking action that affects fundamental important rights and liberties such as those associated with employment and professional licensure
Surrogate Decision Maker
An agent appointed by a principal to make substituted decisions regarding health care and other significant interventions involving the principal.
Therapeutic Privelage
A concept of informed consent under which HCP’s have the right to withhold information from a patient before treatment when disclosing info about the tx would be a threat
Tolling
Suspension of the running statute of limitations
Venue
The geographic locale for a legal action.
- For malpractice, it is usually where the negligence occurred or where the defendant lives.
Vicarious Liability
Indirect responsibility for the torts of another, usually in employer-employee, supervisor-student, staff-volunteer types of relationships.
Voir Dire
The process of interviewing jurors before a trial for biases that might disqualify them from sitting for the case (The first part when you get called for jury duty)
Wrongful Death
A civil action initiated by heirs of an estate against a defendant to recover the present economic value of anticipated future contributions lost by the heirs as a result of the defendant’s negligence or other tortious conduct.
Wrongful Discharge
The unjustified termination of an employee
Wrongful Inheritance w/Contractual Relationship
Wrongful conduct on the part of a person/business entity to intentionally induce another person or business to breach an existing contract.
