Risk Management Flashcards
What is “Failure to act as reasonably prudent professional would under similar situation”?
Negligence
What are the 4 elements that trigger negligence?
Duty
Breach
Cause
Harm
During negligence “Duty” is defined as?
Practices, duties, or job
During negligence “Breach” is defined as?
Failure to meet ones duty.
During negligence “Cause” is defined as?
Reason for the event in question.
During negligence “Harm” is defined as?
Injury occurring from negligence.
What are the 5 acts of negligence?
Omission Commission Nonfeasance Misfeasance Malfeasance
What is “Omission”?
Not acting when required.
What is “Commission”?
Acting when should not have.
What is “Nonfeasance”?
Not doing what should have been done.
What is “Misfeasance”?
Acting inside legal boundaries in an incorrect fashion.
What is “Malfeasance”?
Acting outside legal boundaries.
What is “Sovereign Immunity”?
Government can not commit a legal wrong and cannot be sued without consent.
What is “Sovereign Immunity” aka?
Governmental Immunity
What is “Expressed Warranty”?
Agreement that seller must repair or replace faulty product.
What is “Implied Warranty”?
Product guaranteed to work as claimed.
What type of negligence occurs when the plaintiff actions add to the injury?
Comparative negligence
What is a “Plaintiff”?
A person who brings a case against another person in court.
A doctrine of common law that if a person was injured in part due to his/her own negligence?
Contributory negligence
What is JCAHO?
Joint Commission Accreditation of Healthcare Organization
What federal act is infringed when a co worker makes an unwelcome sexual advance?
Title VII(7) of the Civil Rights Act
What negligent tort occurs when a person fails to perform his or her legal duty?
Nonfeasance
