C810-Chpt 2 Vocab Flashcards
Tort
A civil wrong- encompasses actions brought when one part believes another party caused harm through wrongful conduct
Negligence
acting in an unreasonable manner or failing to act as a reasonably prudent person would in similar circumstances
standard of care
what an individual is expected to do or not do in a given situation
Three examples of Negligent Torts
Malfeasance, Misfeasance, and Nonfeasance
- Malfeasance
- Misfeasance
- Nonfeasance
- the execution of an unlawful or improper act
- The improper performance of an act resulting in injury to another
- The failure to act when there is a duty to act as a reasonably prudent person would act in similar circumstances
Ordinary Negligence
failure to do what a reasonably prudent person would do, or doing something that a reasonably prudent person would not do, in the same or a similar situation
Gross Negligence
an extreme departure from the ordinary stand of care that shows a reckless disregard towards others
Criminal negligence
gross negligence that represents reckless disregard or deliberate indifference to another’s safety
What four elements must a plaintiff show to recover damages caused by negligence
- Duty of care- a physician-patient, nurse-patient, therapist-patient, or other caregiver-patient relationship must exist at the time of the alleged wrongful act
- Breach of duty of care- The plaintiff must present evidence that the defendant acted unreasonably under the circumstances
- Injury or harm- The plaintiff must demonstrate that he or she suffered injury or harm as a result of the defendant’s negligent act or failure to act
- Causation- The plaintiff must show that the defendant’s conduct caused the plaintiff’s harm
res ipsa loquitur (the thing speaks for itself) is applied. The 3 elements of res ipsa loquitur are…
- Injury that does not ordinarily occur in the absence of negligence
- Injury caused by agency or instrumentality in defendant’s exclusive control
- Injury not due to voluntary action or contribution of the plaintiff
There are 8 defenses a healthcare provider may raise in response to a TORT LAWSUIT.
- Statute of limitations exceeded
- Contributory negligence: The plaintiff’s conduct contributed in part to the injury the plaintiff suffered
- Comparative negligence: The plaintiff’s conduct contributed in part to the injury the plaintiff suffered, but the plaintiff’s recovery is reduced
- Assumption of risk: The plaintiff who voluntarily places himself or herself at risk to a known or appreciated danger
- Consent: The plaintiff gave his or her permission or agreement to an action that is now alleged to have been wrongful
- Good Samaritan statutes: Statutes that protect physicians and other rescuers from liability
- Governmental immunity: Precludes anyone from bringing a lawsuit against a governmental entity unless that entity consents to the lawsuit.
- Charitable immunity: Charitable institutions such as charity hospitals often were protected from liability for torts occurring on its property or by its employees.
Contract law
addresses the creation of contracts and the resolution of contract disputes. It is the second type of law that is commonly encountered in the healthcare industry.
A contract cannot exist unless all the following elements exist: (there are two)
- There must be an agreement between two or more persons or entities.
- The agreement must include a valid offer, an exchange of consideration, and acceptance of the offer.
To succeed in a breach of contract action, the plaintiff must show that the following occurred: (there are four)
- Parties entered into a valid contract
- Plaintiff performed as specified
- Defendant did not perform as specified
- Plaintiff suffered an economic loss as a result of the defendant’s failure to perform
