Kinns Chapter 7 - Medicine and the Law

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