prefi ethics 2.0 Flashcards
It is based upon a legal wrong other than breach of contract
TORT
An incorrect conclusion about the cause of a disease or problem.
IMPROPER DIAGNOSIS
It is a conduct rather than a state of mind or a social policy, it is behavior that involves an unreasonable risk to others.
NEGLIGENCE
Based upon a duty to conform to a reasonable standard of conduct and that coffer liability for injury caused a failure to conform to the required standard.
NEGLIGENT TORT
It signifies entire want of care which raises the presumption of conscious indifference to consequences.
GROSS NEGLIGENCE
Lack of ability, lack of fitness, or lack of adequate expertise to discharge a required duty or a specific act.
INCOMPETENCE
Failure in the exercise of a reasonable degree of skill and care on the part of the practitioner in his treatment of the patient.
MALPRACTICE
A public and malicious imputation of a crime, or of vice, defect, real or imaginary, or nay act, omission, or condition, status or circumstance tendering to cause the dishonor, discredit, or contempt of a natural or juridical person.
DEFAMATION
It is committed by means of writing, printing, lithography, engraving, radio, or any similar means.
LIBEL
Intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right
FRAUD
This involves the responsibility of a person, who is not negligent for wrongful conduct or negligence of another.
DOCTRINE VICARIOUS LIABILITY
The fact that the application of a treatment or management procedure result badly or that the result was diametrically opposite to what is expected is not sufficient to infer negligence.
BAD RESULT RULE
It means the nature of the wrongful act or injury is suggestive of negligence.
DOCTRINE OF RES IPSA LOQUITUR
If the patient fails to follow the doctor’s warning or instruction at the time of the administration of a treatment or procedure leading to the patient’s injury.
SUBSEQUENT
Defined as “conduct on the part of the plaintiff, contributing as a legal cause to the harm he has suffered, which falls below the standard to which he is required to conform for his own protection”
DOCTRINE OF CONTRIBUTORY NEGLIGENCE
If the patients fail to comply with the doctor’s advice or instruction which were to be done in a specified time, as immediately after such treatment, leading to the patient’s suffering from injury as the proximate cause of such patient’s non-compliance.
CONTEMPORANEOUS
It provides that the employer cannot be held liable if a servant (employee) is injured on aceount of the negligence of his fellow servant (employee)
FELLOW SERVANT DOCTRINE
Any person who voluntarily assumes the risk of injury from a know danger or hazard is barred from the recovery or damages if he suffers the injury.
DOCTRINE OF ASSUMPTION OF RISK
Provides that if a person is injured in the act of rescuing a victim in an accident, the original wrongdoer is held liable for such injury.
RESCUE DOCTRINE
If the patient allows the doctor to proceed in the administration of a treatment or procedure inspite of the patient’s full knowledge that the doctor was not in the proper condition to do so physically or mentally.
ANTECEDENT
Forms of pecuniary compensations that maybe recovered by the injured or aggrieved party for breach of some duty or violation of some right recognized by law.
SPECIAL DAMAGES
The loss of person already suffered.
DANO EMERGENTE
Damages are those agreed upon by the parties to a contract, to be paid in case of breach thereof
DAMAGES
To call on the judge to determine how much the damage he wishes to receive if he were iff in the lawsuit.
GOLDEN RULE METHOD
Estimated Value of pain and suffering per day multiplied by the number of days the victim will suffer.
PER DIEM METHOD
This includes physical suffering, mental anguish, fright, serious anxiety, besmirch reputation, wounded feelings, moral shock, social humiliation and similar injury.
MORAL DAMAGES
A suffering ordinarily accompanies physical pain.
GENERAL DAMAGES
Failure to receive the benefit which would have pertained to him.
LUCRO CESANTE
These damages are not ordinarily anticipated by the defendant.
LIQUIDATED DAMAGES
These are which, in the natural and normal course of events, can be expressed to attend a given type of injury.
MENTAL ANGUISH
