standard of care
the level performance expected of a health care practitioner in carrying out his or her professi0nal duties.
duty of care
the legal obligation of health care workers to patients and sometimes non-patients
duty of care
dispose of needles: duty of care or standard of care
standard of care
warn non-patient of patient with communicable disease: duty of care or standard of care
reasonable person standard
to what standard are you responsible for your actions
specialist
a physician who is held to a higher standard of care
res ipsa loquitur
negligence so obvious, "the thing speaks for itself
misfeasance
the performance of an lawful act in an improper manner such as nurse following doctors orders but violated proper procedures
malfeasance
the performance of a totally wrongful and unlawful act
nonfeasance
the failure to act when one should
feasance
the performance of an act
damages
monetary awards sought by plaintiffs in lawsuit
pleading phase
phase of lawsuit where summons is issued
interrogatory phase
subpoena and deposition may occur, the court sets a trial date
trial phase
jury is selected, opening statements are made, witnesses are called, each attorney makes closing arguments, the judge gives instructions, the jury reaches a verdict, the final judgement is handed down
subpoena duces tecum
a witness to appear in court and to bring certain medical records
fact
witness testimony with yes, no answers
expert
testimony of education skills knowledge and esperience to give expert witness
alternative dispute resolution
ADR
mediation
alternative dispute resolution that is voluntary, neutral with 3rd party
arbitration
alternative dispute resolution that agrees to abide by decision: each party selects arbitrator and arbitrators selects an additional third person
appeal phase
case may be reviewed by a higher court
reasonable person standard
To establish a standard of care in a trial, _____ is required?
res ipsa loquitur
doctrine of common knowledge
plaintiff
who has the burden of proof in court?
subpoena
a court order for a person to appear in court
summons
a written notification to appear in court to defend against a lawsuit