MLEP Flashcards

1
Q

agent

A

health care employee appointed by the physician to perform authorized acts in the name and under the control and direction of the principal

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2
Q

alternative dispute resultion

A

methods outside the judicial system used to solve potential malpractice actions (mediation)

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3
Q

assault

A

threat to inflict injury with apparent ability to do so

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4
Q

battery

A

unlawful touching without consent

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5
Q

breach of contract

A

failure to comply with the terms of a valid contract

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6
Q

civil liability

A

conflicts between individuals, corporations, government bodies

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7
Q

compliance plan

A

guidelines established to protect a clinic from fraud and litigation charges

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8
Q

contract

A

voluntary agreement between parties

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9
Q

criminal liability

A

individual commits an act that is considered to be offense against society as a whole
-jail time

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10
Q

defamation

A

spoken or written words concerning someone that tend to injure the persons reputation and for which damages can be recovered

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11
Q

libel defamation

A

false writing

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12
Q

slander defamation

A

false spoken words

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13
Q

fiduciary

A

holding in confidence or trust

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14
Q

malfeasance

A

commission of an unlawful act

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15
Q

medical malpractice

A

professional negligence of physicians or providers

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16
Q

misfeasance

A

improper performance of an act resulting in injury to another

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17
Q

negligence

A

doing some act that a reasonable and prudent provider wouldn’t do or failing to do some act that a reasonable and prudent provider would do

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18
Q

nonfeasance

A

failure to perform an act when there is duty to do so

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19
Q

res ipsa loquitur

A

the thing speaks for itself

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20
Q

respondeat superior

A

let the master answer

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21
Q

tort

A

wrongful act committed by one persona against another person or against property

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22
Q

vicarious liability

A

legal doctrine assigns liability for injury to a person or institution who didn’t cause the injury but who has a particular legal relationship to the person who did act negligently

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23
Q

appellant

A

one who appeals a court decision to a higher court

24
Q

arraignment

A

the procedure of calling someone before a court to answer a charge

25
Q

civil case

A

court action between private parties, corps, gov bodies

26
Q

closing arguments

A

summary and last statement made by appointing attorneys at a hearing

27
Q

congress

A

law making boy of the federal government

28
Q

criminal case

A

court actions brought by the state against individuals or groups of people accused of committing a crime

29
Q

cross examination

A

examination of a witness by an opposing attorney at a hearing or trail

30
Q

defendant

A

person or group accused in a court action

31
Q

deliberation

A

process whereby a jury considers the evidence presented in a case

32
Q

deposition

A

written record of oral testimony made before a public officer

33
Q

direct examination

A

exam of a witness by the attorney calling the witness at a hearing

34
Q

examination of witness

A

medical person trained in medicine who can testify in a court of law as to what the professional standard of care is in the same circumstances

35
Q

felony

A

serious crime

murder

36
Q

higher superior court

A

court to which appeals of trail court decisions can be made

37
Q

jurisdiction

A

limits or territory within which authority may be exercised

38
Q

litigation

A

lawsuit

39
Q

misdemeanor

A

less serious than a felony

property theft

40
Q

opening statement

A

statement made by opposing attorneys at the beginning of a court action to outline what they hope to establish in the trial

41
Q

plaintiff

A

person or group initiating the action in litigation

42
Q

probate court

A

state court that manages wills and settles estates

43
Q

sentencing

A

imposition of punishment in a criminal proceeding

44
Q

subpoena

A

order to appear in court

45
Q

subpoena dues tecum

A

order requiring a witness to appear and bring certain records to tangible items to a trail

46
Q

summons

A

order in a civil case, from the court directing the sheriff to notify the defendant where to appear

47
Q

certification

A

individual has met certain requirements and standards set forth by that organization

48
Q

credential

A

achieved a certain level of knowledge through education and experience

49
Q

licensure

A

granted by state statutes

50
Q

registration

A

entry in an official record listing names of persons satisfying certain requirements and level of education

51
Q

reciprocity

A

agreement by which 2 states recognize licensing procedures of each other

52
Q

scope of practice

A

procedures, actions, and processes that are permitted for a professional depending on education

53
Q

law

A

societal rules

54
Q

ethics

A

set of moral standards

55
Q

bioethics

A

life and death issues

56
Q

standard of care

A

ordinary and reasonable skill that would be commonly used by reputable practitioners

57
Q

what does insurance costs depend on?

A

specialty and state