three categories of criminal law
misdemeanors, felonies, treason
three categories of civil law
administrative, contract, tort
infraction
law minor in nature, usually a breaking of municipal regulations
civil law
involves cases brought by individuals or groups
criminal law
crime against state or government
tort
medical professional liability falls under this category
four elements of a valid, legal contract
manifestation of assent, must involve legal subject matter, both parties must have the legal capacity to enter into it, consideration
three steps in the creation of physician-patient relationship
doctor invites offer, patient accepts offer, doctor accepts patient's acceptance by undertaking treatment
letter of withdrawal must state
care is being discontinued, physician will forward records to another physician, patient should seek medical care as soon as possible within 30 days
a letter of withdrawal should be mailed
via certified mail
jurisdiction over a case
constitutional power given to judge to decide a case and render a decision, either originally or appellate
ultimate appellate court in the United States
The US Supreme Court
deposition
Testimony not limited to parties in suit. Just as valid as before judge
interrogatories
list of questions from each party - must be answered in a certain time frame.
five ways to determine if subpoena is valid
1. 21 days to respond;
2. issued by Federal Court in the same state unless a federal statute is issued to authorize national service process;
3. served less than 15 days before trial (subpoena duces tecum);
4. subpoena issued within state of legal action;
respondent
defendant in a civil trial
negligence
failure to exercise normal care; implies inattention to duty or business, no diligence or care
three classifications of medical professional negligence
1. malfeasance - performing a totally wrongful and unlawful act
2. misfeasance - improper performance of a lawful act
3. nonfeasance - failure to perform an act
contributory negligence
a patient contributes to his or her condition
act
formal action of a legislative body
OSHA
agency that regulates safety in the workplace
quackery
the pretense of curing a disease
ordinance
municipal regulation law
CLIA
promotes accuracy in medical laboratories
discovery
pretrial disclosure of pertinent facts or documents pertaining to a case.
arbitration
cost-saving alternative to trial
four Ds of negligence
1. duty
2. dereliction
3. direct cause
4. damages
allegation
A statement by a party to a legal action of what the party undertakes to prove; an assertion made without proof.
abandonment
To withdraw protection or support; in medicine, to discontinue medical care without proper notice after accepting a patient.
appeal
A legal proceeding brought to a higher court for review from a decision in a lower court.
arbitrator
A neutral person chosen to settle differences between two parties in a controversy.
battery
a willful and unlawful use of force or violence on the person of another.
assault
an intentional, unlawful attempt of bodily injury to another by force
Code of Federal Regulation (CFR)
a coded outline of the rules and regulations published in the Federal Register by various departments and agencies of the federal government. The CFR is divided into 50 titles that represent broad subject areas and chapters that provide specific detail.
due process
(law) the administration of justice according to established rules and principles that guarantee fairness in a legal proceeding.
guardian ad litem
A person appointed by the court to represent a minor, an incompetent person or any other person entitled to such protection by law
implied consent
Consent for a procedure given by the patient's actions
informed consent
a consent, usually written, stating what is to be undertaken, the risks involved, why it should be done, and alternate methods of treatment available, including no treatment.
manifestation
something that is easily understood or recognized by the mind.
misdemeanor
a minor crime, as opposed to a felony, punishable by fine or imprisonment in a city or county jail rather than in a penitentiary.
municipal
courts of a city or town.
preponderance of the evidence
The standard of proof that is met when the evidence establishes that it is more likely than not that the facts are as alleged.
reasonable doubt
The level of certainty a juror must have to find a defendant guilty of a crime.
reciprocity
the mutual exchange of privileges; a recognition of one state or institution of the licenses or privileges granted by the other
statutes
laws enacted by the legislative branch of a government.
slander
oral defamation
subpoena
writ of document commanding a person to appear in court under a penalty for failure to appear.
subpoena duces tecum
Latin phrase meaning, "under penalty take with you"; a court order requiring a person to appear in court and to bring certain records or other material to a trial or a deposition
Uniform Commercial Code (UCC)
A collection of laws that governs various types of business transactions.
tort
Damage, injury, or a wrongful act done willfully for which a civil suit can be brought