Unit 3 Flashcards
what are the main categories of tort law?
Intentional
wonton conduct
gross negligence
negligence
what must plantiff prove to win malpractic case
- duty of care
Breach of duty
causation
harm
what is the standard of proof formalprctice
preponderance of evidenc: must be 51%
what is breach of duty
its about standard of care: other nds would do the same or different?
what is harm
Economic
non economic: emotional
punitive: punishment
what is breach of contract?
contract has the following - Offer that is a promise - acceptance of offer - mutual assent : agreement consideration
what would be breach of contract?
Fraud misrepresentation concealment mistake duress undue influence unconscionability
standard of proof for malpractic?
51%: preponderence
what is require to win claim against provider?
- duty, causation and harm,
clear and convincing evidence isn’t required, just 51%`
what is an example of malpractic
Not doing continuing educaiton
- misdiagnosis, wrong dosage and not ordering correct test is NOT malpractice
if you hit someone with car, what type of damages
economic and non economic,
why can you void a contract
fraud, duress, consideration
for what reasons my board refuse to grant licence?
Lack of respect for patients privacy or breach of confidentiality.
what does HIPAA stand for
health insurance portability and accountability act.
what is breach of duty
nd fails to act in way that isconsistent with standard of care.