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Ethics & Law > Unit 3 > Flashcards

Unit 3 Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

What is criminal law

A

The government vs. offender

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2
Q

What is civil law

A

The offended sues the offender

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3
Q

What happens in criminal law

A

Do crimes and prison / fines

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4
Q

What happens in civil law

A

Torts and awards

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5
Q

How do you prove criminal action

A

High burden of proof
Beyond a reasonable doubt

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6
Q

How do you prove a civil action

A

Low burden of proof
More likely than not

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7
Q

What is a tort

A

A civil wrong for which the law provides a remedy

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8
Q

What does tort mean in French

A

Old english= twisted; wrong

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9
Q

What are the types of torts

A

Intentional

Unintentional ( negligence; leaving rail down, patient falls out)

Liability ( product ) recall

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10
Q

What is assault

A

Intentionally causing harm

Physical contact not necessary

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11
Q

Define battery

A

Physical contact with intent to harm

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12
Q

Medical battery

A

Unauthorized

Touching
Procedures

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13
Q

Define false imprisonment

A

Unlawful confinement of a person

*if they want to leave, let them leave *

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14
Q

Define HIPAA

A

Health insurance portability & accountability act

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15
Q

Define unintentional torts

A

Unintended harm caused by someone failing to do their duty

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16
Q

Define negligence

A

Failure to act as a ordinary person would in

  1. Duty
  2. Breach of duty
  3. Causation
  4. Harm
17
Q

Define malpractice

A

Negligence by a professional
Failure to follow standard of care

18
Q

What is risk management

A

Identify potential

Input on policies and procedures

19
Q

What does Res IPSA LOQUITUR

A

The thing speaks for itself

Harm couldn’t have happened unless negligence took place

20
Q

What is RESPONDEAT SUPERIOR

A

Let the master answer

Employer lays the victim

21
Q

What is the best way to minimize your liability

A

Follow established polices & procedures

Ethics & Law (4 decks)

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