PPT Lecture Flashcards
How many legal systems are there in the US?
- 1 federal system + 50 state systems
True or false: medical licensing and regulations are come from federal laws.
FALSE- they come from state laws
What are the 3 branches of the federal government?
Executive- president/cabinet/agencies.
Legislative- house and senate
Judicial- US sepreme court/court of appeals/US district courts/special courts
What is the highest court in the federal level?
US Supreme court
What is the highest court in the state level?
Supreme court
What is the first level appellate court in the federal level?
US courts of appeal
What is the first level appellate court in PA?
Superior and Commonwealth
What are the trial courts (general jurisdiction) in the federal level?
US District courts
What are the trial courts (general jurisdiction) in PA?
Courts of common pleas
What are the 3 sources of laws?
- Consitutions (federal and states)
- Statutory laws (write it/committees/both houses/confrence committiees)
- Common law/case law
What is the source of law for state medical boards?
Statutory law
What is the “stare decisis” under common/case law?
That courts abide by prior decisions
like Roe v. Wade and crap like that
Who does private law concern differences/problems?
Between individuals. Judge judy!
What is a form of civil law where $ damages are sought to compensate for a loss or harm?
Torts.
Judge Judy style!
What are the 2 forms of torts?
unintention and intentional
What type of law provides remedies if promises are not fulfilled under private law?
Contract law
Between who does public law concern?
Between the government and individuals (criminal law)
Tommy presents to the office with a deep laceration to the right knee. It’s 4:55pm and just before office closing time. The doc quickly looks at it puts a bandaid on it and skips suturing because he wants to make his 5:30 tee-off time. A week later the knee becomes horribly infected and necrotic and now is being questioned for amputation. What type of unintentional tort did the doctor perform?
Negligence
What are the 4 elements of a negligence action?
duty, breach, causation proximate and damages.
What is the name for the unintentional tort when a healthcare professional has a duty to act but fails to act in a reasonable, competent manner, thus harming the patient?
Professional negligence (malpractice)
What are the components too negligent misrepresentation?
Statement—oral or written (yes, texts count)
That maker knows will be relied upon
Whose truth the maker is careless in verifying
That turns out to be untrue
That is in fact relied upon by a party
And the party is injured due to reliance on the statement
Assault, battery, false imprisonment, defamation/slander, invasion of privacy, and fraud are examples of what type of tort?
Intentional tort
Procedures without consent are an example of what type of intentional tort?
battery
What are the 4 ESSENTIAL elements to form a valid and enforceable contract?
Offer
Acceptance
Consideration
Meeting of the minds/legal commitment