The three branches of government
Legislative, executive, and judicial
Legislative Branch
Comprised of the Senate and House of Representatives; write, debate and pass bills
Executive Branch
President; orders become law without approval of Congress
Judicial Branch
Supreme Court; interprets and oversees laws
State Legislative Branch
Has those responsibilities not governed by the federal government
State Executive Branch
Governor of the state
Constitutional law
Derives from federal and state constitutions
Case Law
Established from common law and legal precedent
Common law
Body of unwitten law formed in England
Four types of law
Constitutional, case (or common), statutory, and administrative
Statutory law
Law passed by the U.S. Congress or state legislatures
Administrative law
Statutes enacted to define powers and procedures when an agency is created
Substantive law
Statutory or written law that defines and regulates legal rights and obligations
Procedural law
Defines rules used to enforce substantive law (i.e. laws that require law enforcement officers to read suspects their rights, and govern the arrest and trial process)
Criminal law
Law involving crimes against the state
Civil Law
Involves wrongful acts against persons; these often include disputes over issues of contract violation, slander, libel, trespassing, product liability, or automobile accidents; often require the payment of a sum of money to the injured party
State criminal offenses
Murder, burglary, robbery, arson, rape, larceny, mayhem, and practicing medicine without a license
Federal criminal offenses
Matters affecting national security (treason), crimes involving the country's borders, and illegal activities that cross state lines (such as kidnapping and hijacking)
Felony
An offense punishable by death or by imprisonment in a state or federal prison for more than one year
Misdemeanor
A crime punishable by fine or by imprisonment in a facility other than a prison for less than a year
Tort
A civil wrong committed against a person or property, excluding breach of contract; maybe me intentional (willful) or unintentional (accidental); must involve injury, damage to property, or deprivation of civil liberties
Tortfeasor
Person guilty of a tort
Examples of intentional torts
Assault, battery, defamation of character, false imprisonment, fraud, invasion of privacy
Unintentional torts
Acts that are not intended to cause harm but are committed unreasonably or with a disregard for the consequences; negligence
Negligence
An unintentional tort alleged when one may have performed or failed to perform an act that a reasonable person would or would not have done in similar circumstances
Jurisdiction
The power of a court to hear and decide a case before it
Plaintiff
The person bringing charges in a lawsuit
Prosecution
The government as plaintiff in a criminal case
Defendant
The person or party against whom charges are brought in a criminal or civil lawsuit
Evidence of medical malpractice
Expert testimony; existing federal and state laws; hospital bylaws; custom and community practice; accreditation standards
Contract
A voluntary agreement between two parties
Federal courts
Jurisdiction: power to hear a case
State courts
local trial, appellate, Supreme Court
4 Essential elements of contracts
Agreement, consideration, legal subject matter, contractual capacity
Expressed contracts
Written or oral agreement in which all terms are explicitly stated
Implied contracts
Unwritten or unspoken agreement whose terms result from the actions of the parties involved
Termination of contracts
Failure to pay for services; failure to keep appointments; failure to follow physician instructions; patient seeks services of another physician
Aspects of physician/patient contract
Third party payment contract (insurance); implied contracts; managed care plan contracts
Contractual rights of physicians
Make reasonable limitations on physician/patient relationship; set up a practice based on credentials; set up an office and determine hours; specialize; decide what seervices will be provided and how they will be provided
Agreement
One party makes an offer, and another party accepts it
Consideration
Something of value is bargained for as part of the agreement
Legal subject matter
Contracts are not valid and enforceable in court unless they are for legal services or purposes
Contractual capacity
Parties who enter into the agreement must be capable of fully understanding all of its terms and conditions
Breach of contract
Failure of either party to comply with the terms of a legally valid contract
Mentally incompetent
Unable to fully understand all the terms and conditions of a transaction, and therefore unable to enter into a legal contract
Voidable
Able to be set aside or to be revalidated at a later date
Minor
Anyone under the age of majority
Third-party payer contract
A written agreement signed by a party other than the patient who promises to pay the patient's bill
Patient care partnership/rights
Considerate and respectful care; information on diagnosis and treatment; information to give informed consent; right to refuse treatment; confidentiality; continuity of care; knowledge of hospital rules
Implied duties of patient
Follow physician instructions and cooperate as well as able; give all relevant information to the physician to form diagnosis; follow physician orders for treatment; pay fees for services rendered
Law of Agency
Law governing relationship between principle and agent; may be expressed on implied
Respondeat superior
Let the master answer;" physician is responsible for acts of employees
The three branches of government
Legislative, executive, and judicial
Legislative Branch
Comprised of the Senate and House of Representatives; write, debate and pass bills
Executive Branch
President; orders become law without approval of Congress
Judicial Branch
Supreme Court; interprets and oversees laws
State Legislative Branch
Has those responsibilities not governed by the federal government
State Executive Branch
Governor of the state
Constitutional law
Derives from federal and state constitutions
Case Law
Established from common law and legal precedent
Common law
Body of unwitten law formed in England
Four types of law
Constitutional, case (or common), statutory, and administrative
Statutory law
Law passed by the U.S. Congress or state legislatures
Administrative law
Statutes enacted to define powers and procedures when an agency is created
Substantive law
Statutory or written law that defines and regulates legal rights and obligations
Procedural law
Defines rules used to enforce substantive law (i.e. laws that require law enforcement officers to read suspects their rights, and govern the arrest and trial process)
Criminal law
Law involving crimes against the state
Civil Law
Involves wrongful acts against persons; these often include disputes over issues of contract violation, slander, libel, trespassing, product liability, or automobile accidents; often require the payment of a sum of money to the injured party
State criminal offenses
Murder, burglary, robbery, arson, rape, larceny, mayhem, and practicing medicine without a license
Federal criminal offenses
Matters affecting national security (treason), crimes involving the country's borders, and illegal activities that cross state lines (such as kidnapping and hijacking)
Felony
An offense punishable by death or by imprisonment in a state or federal prison for more than one year
Misdemeanor
A crime punishable by fine or by imprisonment in a facility other than a prison for less than a year
Tort
A civil wrong committed against a person or property, excluding breach of contract; maybe me intentional (willful) or unintentional (accidental); must involve injury, damage to property, or deprivation of civil liberties
Tortfeasor
Person guilty of a tort
Examples of intentional torts
Assault, battery, defamation of character, false imprisonment, fraud, invasion of privacy
Unintentional torts
Acts that are not intended to cause harm but are committed unreasonably or with a disregard for the consequences; negligence
Negligence
An unintentional tort alleged when one may have performed or failed to perform an act that a reasonable person would or would not have done in similar circumstances
Jurisdiction
The power of a court to hear and decide a case before it
Plaintiff
The person bringing charges in a lawsuit
Prosecution
The government as plaintiff in a criminal case
Defendant
The person or party against whom charges are brought in a criminal or civil lawsuit
Evidence of medical malpractice
Expert testimony; existing federal and state laws; hospital bylaws; custom and community practice; accreditation standards
Contract
A voluntary agreement between two parties
Federal courts
Jurisdiction: power to hear a case
State courts
local trial, appellate, Supreme Court
4 Essential elements of contracts
Agreement, consideration, legal subject matter, contractual capacity
Expressed contracts
Written or oral agreement in which all terms are explicitly stated
Implied contracts
Unwritten or unspoken agreement whose terms result from the actions of the parties involved
Termination of contracts
Failure to pay for services; failure to keep appointments; failure to follow physician instructions; patient seeks services of another physician
Aspects of physician/patient contract
Third party payment contract (insurance); implied contracts; managed care plan contracts
Contractual rights of physicians
Make reasonable limitations on physician/patient relationship; set up a practice based on credentials; set up an office and determine hours; specialize; decide what seervices will be provided and how they will be provided
Agreement
One party makes an offer, and another party accepts it
Consideration
Something of value is bargained for as part of the agreement
Legal subject matter
Contracts are not valid and enforceable in court unless they are for legal services or purposes
Contractual capacity
Parties who enter into the agreement must be capable of fully understanding all of its terms and conditions
Breach of contract
Failure of either party to comply with the terms of a legally valid contract
Mentally incompetent
Unable to fully understand all the terms and conditions of a transaction, and therefore unable to enter into a legal contract
Voidable
Able to be set aside or to be revalidated at a later date
Minor
Anyone under the age of majority
Third-party payer contract
A written agreement signed by a party other than the patient who promises to pay the patient's bill
Patient care partnership/rights
Considerate and respectful care; information on diagnosis and treatment; information to give informed consent; right to refuse treatment; confidentiality; continuity of care; knowledge of hospital rules
Implied duties of patient
Follow physician instructions and cooperate as well as able; give all relevant information to the physician to form diagnosis; follow physician orders for treatment; pay fees for services rendered
Law of Agency
Law governing relationship between principle and agent; may be expressed on implied
Respondeat superior
Let the master answer;" physician is responsible for acts of employees