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MA: Chapter 3 - Law & Ethics > Law/Insurance > Flashcards

Law/Insurance Flashcards

1
Q

list types of insurance

A

standard property, workers’ comp, health, liability, professional malpractice, personal injury

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2
Q

define LEGAL LIABILITY INSURANCE

A

legal accountability for one’s acts or omissions

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3
Q

define PROFESSIONAL MALPRACTICE INSURANCE

A

covers errors & omissions during standard course of care & doesn’t cover for criminal behavior

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4
Q

aka: professional malpractice insurance

A

professional liability insurance

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5
Q

what types of insurance involve medical practices?

A

professional malpractice/professional liability, legal liability, personal injury

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6
Q

define PERSONAL LIABILITY INSURANCE

A

financial protection for damage you are responsible for (homeowner, auto, etc)

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7
Q

aka: personal liability insurance

A

comprehensive personal liability insurance

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8
Q

define PERSONAL INJURY INSURANCE

A

coverage for injury related to home/auto & protects policy holder from lawsuits bc of alleged damage from invasion of privacy

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9
Q

give examples of things covered by personal injury insrance

A

defamation, libel, slander, person’s home, possessions, privacy

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10
Q

describe CRIMINAL LAW

A

exclusively statutory & deals w/someone who failed to perform required act/performed prohibited act, 2 types

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11
Q

what are the 2 types of criminal law

A

misdemeanors & felonies

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12
Q

define MISDIMEANORS

A

offenses avoidable w/commonsense

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13
Q

what is the punishment for misdemeanors

A

county/region jail for < 1 yr/fine/community service/restitution/other judge punishment/combo

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14
Q

order of prosecution pertaining to criminal law

A

police investigates –> DA/state attorney prosecutes –> jury decides –> judge sentences

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15
Q

define FELONIES

A

4 types of crimes w/intent of significant harm from property deprivation/injury

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16
Q

what is standard of proof for criminal law?

A

beyond a reasonable doubt

17
Q

list the types of felonies

A

murder, manslaughter, robbery, burglary

18
Q

punishment for felonies?

A

state prison > 1 yr/death

19
Q

define MURDER

A

unlawful killing of another w/malice w/degrees based on level of premeditation/victim status

20
Q

define MANSLAUGHTER

A

killing w/o malice either voluntary/involuntary

21
Q

define ROBBERY

A

illegal taking of money/goods from person in their presence via force/intimidation

22
Q

define BURGLARY

A

taking money/property w/o presence of victim

23
Q

what does it take (in terms of evidence) for someone to be convicted of federal crime?

A

jury must agree all elements of crime were done by defendant, if there is reasonable doubt they are not guilty

24
Q

define CIVIL LAW

A

collection of statutes & case law governing conduct & affairs of ppl, entities, & rights

25
Q

what is standard of proof for civil law

A

preponderance of evidence

26
Q

define PREPONDERANCE OF EVIDENCE

A

greater/more convincing evidence & its probable truth, not the amount

27
Q

what can you receive when you sue using tort law

A

compensatory & punitive damages

28
Q

t/f: negligence & malpractice are torts

A

true

29
Q

difference between compensatory & punitive damages?

A

compensatory goes toward victim & punitive punishes party at fault

30
Q

what is used to determine if pt can collect damages from negligence?

A

standard of care

31
Q

what factors must be present for negligence

A
  • duty of care owed by defendant to plaintiff
  • defendant breached duty
  • plaintiff suffered harm
  • harm result of defendant’s breach of duty
32
Q

list plausible definitions to allegations of medical malpractice

A

statute of limitations, contributory negligence, & emergency

33
Q

list the factors determining malpractice

A
  • relationship between provider & pt
  • relationship create duty of provider toward pt
  • duty was nature of standard of care
  • provider breach duty
  • pt injured
  • pt wouldn’t have sustained injury if not for causation/breach of duty
34
Q

define CAUSATION

A

failure of provider to act according to duty/act in manner consistent w/providers in similar circumstances

MA: Chapter 3 - Law & Ethics (6 decks)

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