Unit 3 Flashcards

1
Q

what are the main categories of tort law?

A

Intentional
wonton conduct
gross negligence
negligence

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2
Q

what must plantiff prove to win malpractic case

A
  • duty of care
    Breach of duty
    causation
    harm
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3
Q

what is the standard of proof formalprctice

A

preponderance of evidenc: must be 51%

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4
Q

what is breach of duty

A

its about standard of care: other nds would do the same or different?

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5
Q

what is harm

A

Economic
non economic: emotional
punitive: punishment

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6
Q

what is breach of contract?

A
contract has the following
- Offer that is a promise
- acceptance of offer
- mutual assent : agreement
consideration
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7
Q

what would be breach of contract?

A
Fraud
misrepresentation
concealment
mistake
duress
undue influence
unconscionability
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8
Q

standard of proof for malpractic?

A

51%: preponderence

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9
Q

what is require to win claim against provider?

A
  • duty, causation and harm,

clear and convincing evidence isn’t required, just 51%`

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10
Q

what is an example of malpractic

A

Not doing continuing educaiton

- misdiagnosis, wrong dosage and not ordering correct test is NOT malpractice

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11
Q

if you hit someone with car, what type of damages

A

economic and non economic,

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12
Q

why can you void a contract

A

fraud, duress, consideration

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13
Q

for what reasons my board refuse to grant licence?

A

Lack of respect for patients privacy or breach of confidentiality.

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14
Q

what does HIPAA stand for

A

health insurance portability and accountability act.

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15
Q

what is breach of duty

A

nd fails to act in way that isconsistent with standard of care.

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