Basic Legal Ethics Law Dictionary

7/28/2019 Basic Legal Ethics Law Dictionary

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Basic Law & Ethics

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Both Sides

ethicsmoral principles or code of

right and wrong

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Terms Definitionsethics moral principles or code of right and wrong

etiquette standards of professional behavior
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negligence failure to act in a way a reasonable person

would exercise under the same circumstances

breach of duty the failure to use the degree of care required

under the circumstances

subpoena a court order requiring appearance and/or

testimony

plaintiff one who begins a lawsuit

defendant an individual or group being sued or charged

with a crime

medical arbitration

panel

established to listen and investigate patients'

complaints about medical care or excessivefees.

contract a binding agreement between two or more

persons that is enforceable by law

reasonable care actions by a health-care worker that are

considered reasonable as compared to health-

care workers in the same area (field)

duress force or threats to make someone do

something that they dont want to do

malfeasance

mal = bad

The performance of a totally wrongful and

unlawful act

misfeasance

mis = mistake

Improper performance of a lawful act

non-feasance

non = not done

Failing to perform an act that is one'srequired duty or that is required by law

bioethics the branch of ethics that studies moral values

in the biomedical sciences

elements of offer


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physician-patient

contract

acceptance

consideration

4 D's of Negligence duty - doctor owes duty yo patient

derelict - to act a responsible physician would

act

direct care - injuries were directly caused by

the doctor's negligence

damages - injuries suffered by the patient

civil law Body of law dealing with private rights of

individuals

inheritance law Concerned wit the transfer of property after

an owner's death

battery an assault in which the assailant makes

physical contact

assault intentional threat to physically or offensively

injure another

defamation of

character

Damaging a person's reputation by making

public statements that are both false and

malicious

slander spoken untruths that are harmful to someone's

reputation.. DEFAMATION OF

CHARACTER

libel written untruths that are harmful to someone's

reputation

DEFAMATION OF CHARACTER

subpoena duces

tecum

An order of a court directing a party to

appear, to testify, and to bring a specified

documents or items.

summons an official notice of a lawsuit that includes

the date, time, and place of the initial court

appearance

malpractice negligence by a professional person


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a minor can consent

to treatment for

Pregnancy

Drugs & Alcohol

STD'S

a minor can give

consent

if s/he is emancipated

Controlled

Substance Act

requires a doctor who administers narcotics

to be registered with the DEA and have a

narcotics license

reciprocity one state granting a license to a physician in

another state, when equal verification is

shown

5 Examplesunprofessional

conduct

-betrayal of confidentiality-fee splitting

-gross immorality

-excessive self indulgence

-accepting assistance from an unlicensed

layperson

unprofessional

conduct

Willing betrayal of doctor-patient

confidentially

judgement final result of a trial

litigant one who is engaged in a lawsuit

litigation lawsuit

criminal law Law that involves crimes against the state

-describes penalties, which range state to state

tort A civil, not criminal, wrong. A negligent or

intentional injury against a person or

property, with the exception of breach ofcontract.

assault & battery

licensure -21 yrs or older

-good moral character

-required education by the state


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-completed approved residency program

-US citizen or/ declaration of intent

-resident of the state

-passed required written/ oral exams.

rights of patient -choice of physician

-whether to say when treatment will begin

and set limits on care provided

-informed consent

-right to die

-to assume the person claiming to be a doctor

possesses has the required knowledge

nominal a token compensation awarded to recognize

and individual's rights were violated, w/o

actual loss proven

compensatory for physical impairment, pain & suffering,

loss of earnings or medial expenses as a result

of negligence

punitive awarded beyond actual damages as the

wrongdoer's punishment

durable power of

attorney

a legal agreement that allows an agent or

representative of the patient to act on behalf

of the patient.

living will A document presented to physician and

family indicating the patient's wishes at a

time when they made be incapable of

expressing their wishes for themself.

res ipsa loquitor "the thing speaks for itself" ...the physicians

mistake speaks for itself.

statute oflimitations

That period of time established by state lawduring which a lawsuit may be filed

fee-splitting sharing a fee with another doctor or facility,

not based on services performed

invasion of privacy making public or exposing a persons name,


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picture or private affairs w/o consent

abandonment Leaving a patient after care has been initiated

and before the patient has been transferred to

someone with equal or greater medical

training.

incompetence Lack of physical or mental fitness

defamation of

character

unauthorized, untrue disclosure

"like" physicians physicians in the same specialty and same

community

priviledgedcommunication

Information given by the patient to medicalpersonnel which cannot be disclosed without

consent of the person who gave it

respondeat superior " let the master answer "

the employer,doctor, or facility is responsible

for the actions of its employees

res judicata "the thing has been decided"

judgement of the court

duty doctor owes duty yo patient

direct care injuries were directly caused by the doctor's

negligence

derelict to act a responsible physician would act

damages injuries suffered by the patient

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