Part II Flashcards
Deals with offenses against state or against society at large
Criminal law
Deals with the right and duties of individuals respect to one another
Civil Law
A civil wrong committed by one individual against the person r property of another
Tort
Intentional [tort]
Assault
Battery
False imprisonment
Fraud
Unintentional [tort]
Negligence
Malpractice
Suing/injured party
Plaintiff
Party being sued
Defendant
Th threat of touching pt in injurious way before and during an examination
Assault
Unlawful touching of a person without consent
Battery
The unjustifiable detention of a person against his/her own will
False Imprisonment
Malicious spreading of information that causes defamation of characteristics or loss of reputation
Defamation
Types of defamation
Slander [spoken]
Libel [written]
Ciber Libel [published online]
Sensitive and confidential information
Privilege information
Willful and intentional misinterpretation of facts that may cause harm to an individual right of property
Fraud
Unintentional [tort]
Negligence
Malpractice
Failure to use such care as a reasonable prudent person would use under like or similar circumstances
Negligence
Elements of medical negligence
- Duty to provide reasonable care [start when you receive request]
- Breach of duty [there is a lapse]
- Pt sustained loss or injury
- Loss/injury is attributable to negligence
Failure to do the standard of care for patient [forgot t do something; careless]
Negligence
HCP does something outside practice that resulted to injury
Malpractice
“The thing that speaks for itself”
Used to switch the burden of proof the plaintiff to the defendant
Res Ipsa Loquitor
Master speaks for the servant
Anything you do, chief RT and superiors are liable
Respondent Superior
The theory requires the hospital or health care entity to be responsible for the quality of care delivered to patient in the facilities
Corporate Liability
Duties in Corporate Liability
- Duty of reasonable care in the selection and retention of employers and medical staff
- Duty of reasonable care in the maintenance of use of equipment
- Availability of equipment and service
A circumstance in which both the HCP’s and the pt’s actions contribute to an injurious outcome
Contributory Negligence
