agent
Person (the authorized health-care employee) appointed by a principle party (the physician or provider) to perform authorized acts in the name and under the control and direction of the principle.
Alternative Dispute Resolution (ADR)
methods outside the judicial system used to solve potential malpractice actions; methods include arbitration and mediation
assault
a threat or attempt to injure
battery
The unlawful touching beating or laying hold of a person's or their clothing without consent
Breach of Contract
Failure to comply with the terms of a valid contract. Is cause for a litigation
civil liability
conflicts between individuals, corporations, government bodies, and other organizations
compliance plan
guidelines established to protect a clinic from fraud and litigation charges
contract
a voluntary agreement between parties
Criminal liability
when an individual commits an act that is considered to be an offense against society a whole
Defamation 2 types
Slander or libel
Defamation
spoken or written words concerning someone that tend to injure that person's reputation and for what damages can be recovered
libel
false, defamatory writing, such as published material, effigies, or pictures
slander
false, malicious, or defamatory spoken words
fiduciary
Holding in confidence or trust
malfeasance
commission of an unlawful act
Medical Malpractice
professional negligence of physicians or providers
Misfeasance
improper performance of an act resulting injury to another
negligence
doing some act that a reasonable and prudent provider would not do or failing to do some act that a reasonable and prudent provider would do
res ipsa loquitur
the thing speaks for itself; a doctrine of negligence law
Respondeat Superior
Let the master answer; that is, the provider is responsible for employee acts. Legal doctrine
tort
wrong act committed by a person against another person or that person's property; distinguished from breach of contract
Vicarious liability
legal doctrine assigns liability for injury to a person or institution who did not cause the injury but who has a particular legal relationship to the person who did act negligently. Hospital or HMO that employs the providers in their assistants is also l
expressed contract
written or oral
oral contract
legally biding as a written one; more difficult to prove
written contract
requires that all necessary aspect of the agreement be in writing and signed by each party
contract
can be expressed or implied
Standard of care
requires that providers and/or other health-care to use the ordinary, reasonable skill, experience, and knowledge commonly used by other reputable health-care professionals when caring for a client
appellation
one who appeals a court decision to higher court
Arraignment
the procedure of calling someone before a court to answer a charge
civil case
court action between private parties, corporations, government bodies, or other organizations. Compensation is usually monetary. Recovery of private rights is sought.
closing arguments
Summary and last statements made by opposing attorneys at a hearing or trial.
Congress
The law-making group of the federal government. It is made up of 2 separate groups, the House of Representatives and the Senate
court of appeals
Court to refuse decisions made by lower court; may reverse, remand, modify, or affirm lower court decision
court order
In order issued only by a judge to appear or to request certain records. The release of any records requested in a court order does not require the client's permission
Criminal Case
Court action brought by the state against individuals or group of people accused of committing a crime; punishment is usually imprisonment and/or a fine; includes recovery of rights of society
cross-examination
Examination of a witness by an opposing attorney at a hearing or trial
Defendant
The person or group accused in a court action
deliberation
The process whereby a jury considers the evidence present in a case
deposistion
A written record of oral testimony made before a public officer and/or both attorneys. It is for use in either a criminal or civil case and has completed outside of court before the trial begins
direct examination
examination of a witness by his or her attorney calling the witness at a hearing or trial
examination of witness
Questioning of a witness by attorney during a court action
Expert witness
Person train in medicine who can testify in a court of law as to what the professional standard of care is in the same or similar circumstances.
Qualify to testify to professional standards of care; reputable, honest, impartial
Essentiall when subject is
Felony
Is serious crimes, such as murder, larceny, assault, or rape. The punishment is usually severe
higher (superior) court
The court to which appeals of trial court decisions can be made; a court with broader judicial authority than a lower or inferior court
judge
A public official who directs court proceedings, instruct the jury on the law governing the case, and pronounces sentence
Jurisdiction
The limits or territory within which authority may be exercised
jury
6 to 12 individuals, usually randomly selected, who are administered an oath and serve in court proceedings to reach a fair verdict on the basis of evidence presented
law
Rule or regulation that is advisable or obligatory to observe
Litigation
A lawsuit; a contested in court
lower (inferior) court
Usually the court in which a case is 1st presented to the trial court; a court with limited judicial authority
misdimeanor
Type of crime less serious than a felony; examples include property theft, in certain cases of intimate partner violence, elder abuse, disorderly conduct
Punishment is jail term, probation and/or fine
opening statements
statements by opposing attorneys at the beginning of a court action to outline what they hope to establish in the trial
Plaintiff
The person or group initiating the action in litigation
Probate (estate) court
State court that manages wills and settles estates
Sentencing
Imposition of punishment in a criminal proceeding
Small Claims Court
Special court intended to simplify and extradite the handling of small claims or debts
Subpoena
In order to appear in court under the penalty for failure to do so
Subpoena duces tecum
A court order requiring a witness to appear and bring certain records or tangible items to a trial or deposition
summons
In order, in civil case, from the court directing the sheriff or other appropriate official she notified the defendant where and when to appeared to answer charges against him or her
verdict
Findings or decision of a jury
Contract to be valid
An agreement between 2 or more can competent people
An agreement to do or not to do a certain task for payment or for rendering of a benefit
A lawful agreement
Implied Contract
Most common. Does not require expression of parties involved. Usually set up by circumstances
Abandoment
Providers are liable if they abandon a client. Prevention formally withdraw from a case
Professional Negligence
Failure to perform professional duties according to accepted standards of care
Performing at a reasonable, prudent provider would not perform OR failure to perform an act that a reasonable, prudent provider would perform
Same as malpractice
4 D's of negligence
Duty, Derelict, Direct cause, Damages
Duty
Both provider and client are doing what is expected
Derelict
Client must prove that provider failed to comply with the standards
Direct cause
Providers breach of duty directly caused the injuries
Damages
Compensation is provided for injury suffered by a client
actual damages
Loss of wages past and future medical care
exemplary and punitive damages
Compensation to the client for pain suffering and mental anguish
Torts
Private or civil wrongs
Frankel acts committed against clients that cause harm to the client
Damage to client caused by conduct of provider that falls below the standard of care
intentional tort
Intentional acts of violate another person's rights or property
Unintentional Torts
Results of the ommission or commission of an act
invasion of privacy
unauthorize publicities of a client information
Malpractice
A unintentional tort
Professional liability insurance
Malpractice insurance
Financial protection
States may mandate minimum amount
Cost depends and risk of specialty
Employees ought to carry on professional liability insurance
Cost of malpractice insurance
Exorbitant premiums
Vary by state
Vary by specialty
Causing providers to limit their practices
Arbitration
Impartial 3rd party, decision of arbitrator is binding, limited judicial review of process
Mediation
No 3rd party. A mediator is selected by both parties, attempted to facilitate negotiation between both parties
US constitution
Legislative branch: Congress
Judicial branch: US Supreme Court
Executive branch: President
Legislative branch/Congress
Lawmaking body
Judicial branch
US Supreme Court. Judges and court; reviews infractions
Executive branch
President. Administrator of the law
Types of laws
Common
Statutory
Administrative
Civil
Criminal
Judge made law or case law
Common law
Common law
Created by judicial branch through decisions in cases decided by courts.
Narrow in scope; limited to actual cases
Created by congressional and state legislative bodies
Publish in stature it's known as codes
Broad scope subject only to constitutional limit
Administrative law
Type or extension of statutory/legislative law
Power given to agencies to enact regulations have the force of law
Criminal Law
Court actions brought by state against individuals or group of people accused of committing a crime
Punishment usually in prison and/or a fine
Recovery of rights of society
lower court
District or municipal court-hears civil matters small claims and misdemeanors
higher/superior court
Hear civil and criminal cases
3 jurisdictions
Federal crimes
Constitutional issues
Civil actions between parties from different States
Jurisdiction
Territory within which authority may be exercised
Jurisdictions covered by state courts
Civil matters
Small claims
Housing
Traffic
Some misdemeanors
Probate court
Overseas distribution of persons the state upon death
Sometimes called estate court
Requires filed claim
Small claims court
File action against client for unpaid/delinquent account
No attorney representation
Judge rules
Trial process
Case tried by a judge or judge and jury
Opening statements
Direct examination
Cross examination
Closing arguments
Verdict
Ruling
Statute of limitation
These are time restrictions on initiating legal action
Time restrictions vary state to state
For minors, time limitations start when they reach age of maturity