Medical Law and Ethics; Chapter 5

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