Unit 3 Flashcards
What is criminal law
The government vs. offender
What is civil law
The offended sues the offender
What happens in criminal law
Do crimes and prison / fines
What happens in civil law
Torts and awards
How do you prove criminal action
High burden of proof
Beyond a reasonable doubt
How do you prove a civil action
Low burden of proof
More likely than not
What is a tort
A civil wrong for which the law provides a remedy
What does tort mean in French
Old english= twisted; wrong
What are the types of torts
Intentional
Unintentional ( negligence; leaving rail down, patient falls out)
Liability ( product ) recall
What is assault
Intentionally causing harm
Physical contact not necessary
Define battery
Physical contact with intent to harm
Medical battery
Unauthorized
Touching
Procedures
Define false imprisonment
Unlawful confinement of a person
*if they want to leave, let them leave *
Define HIPAA
Health insurance portability & accountability act
Define unintentional torts
Unintended harm caused by someone failing to do their duty
Define negligence
Failure to act as a ordinary person would in
- Duty
- Breach of duty
- Causation
- Harm
Define malpractice
Negligence by a professional
Failure to follow standard of care
What is risk management
Identify potential
Input on policies and procedures
What does Res IPSA LOQUITUR
The thing speaks for itself
Harm couldn’t have happened unless negligence took place
What is RESPONDEAT SUPERIOR
Let the master answer
Employer lays the victim
What is the best way to minimize your liability
Follow established polices & procedures
