Ch.3 - Legal Principles

Question 1

Plantiff

Answer 1

The person who brings a lawsuit into play

Question 2

Defendant

Answer 2

The person who the lawsuit is filed against

Question 3

Statute of Limitations

Answer 3

Period after which a lawsuit cannot be filed

• may be extended due to delay in discovery
• varies from state to state by litigation type

Question 4

Scope of Practice

Answer 4

Defines the procedures, actions, and processes that individuals are permitted to perform

Question 5

Respondeat Superior

Answer 5

“let the master answer”

A legal doctrine by which the employer/provider is legally responsible for the wrongful actions or lack of actions of employees if done within the scope of employment

Question 6

Res Judicata

Answer 6

If a case has already been decided by the court, then a plaintiff cannot brings similar suit against the defendant in the future

Question 7

What are the three types of criminal offenses?

Answer 7

• Misdemeanors
• Felonies
• Treason

Question 8

Misdemeanor

Answer 8

Minor criminal offenses

Includes pety theft, disturbing the peace, simple adult and battery, and drunk driving (no injury)

Question 9

Felony

Answer 9

Serious criminal offenses
classified by degree with first degree being the most serious
Includes murder, robbery, rape, sodomy, larceny, manslaughter, kidnapping, embezzlement, arson

Question 10

Assault

Answer 10

A crime that involves intentionally harming or threatening to cause harm

Question 11

What are the four types of law?

Answer 11

• Constitutional law
• Case law
• Regulatory and administrative law
• Statutory law

Question 12

What are the two main categories of law?

Answer 12

• Substantive law

- Procedural law

Question 13

What are the four branches of civil law?

Answer 13

• Tort law
• Contract law
• Property law
• Family law

Question 14

What are the three branches of government?

Answer 14

• Legislative
• Executive
• Judicial

Question 15

What is intentional tort?

Answer 15

Having specific intent to perform the action that caused injury

Question 16

What is negligent tort?

Answer 16

Unintentional tort

Harm that is caused by negligence; the result of another persons carelessness

Question 17

What are the four D’s in proving negligence?

Answer 17

• Duty
• Dereliction
• Direct cause
• Damages

Question 18

Malpractice

Answer 18

Type of negligence that applies to professionals

Question 19

Malfeasance

Answer 19

Performance of an unlawful, wrongful act

Question 20

Misfeasance

Answer 20

Improper performance of a lawful act

Question 21

Nonfeasance

Answer 21

Failure to act when one ha the legal duty to act

Question 22

Standard of care

Answer 22

Refers to the level and type of care that a healthcare professional of a similar background and experience would have provided in a similar situation

Question 23

Subpoena

Answer 23

Document that is issued by the court requiring a person to appear at court at a specific date and time

Question 24

Precedents

Answer 24

Previous judge and jury decisions on which much of our law is based

Question 25

Ordinances

Answer 25

Created by local branch of government

Question 26

Statutes

Answer 26

Enacted by state legislative

Question 27

Acts

Answer 27

Enacted at the federal level - must be passed by congress

Question 28

What is release of tortfeasor?

Answer 28

When the plaintiff signed a release and received monetary compensation, then filed a suit anyway

Question 29

Medical negligence

Answer 29

The performance of an act that a reasonable and prudent physician would not do or the failure to do an act that a reasonable and prudent physician would do

Question 30

What are the three main defenses used for lawsuits?

Answer 30

- Technical defense - Denial defense - Affirmative defense

Question 31

Res Judica

Answer 31

"a thing decided" If a case has already been decided by the court, the plaintiff cannot bring a similar suit against the defendant in the future

Question 32

What are the three requirements for Good Samaritan protection?

Answer 32

- Must be a true emergency - Must be provided outside of a place with necessary medical equipment - Cannot bill patient

Question 33

Arbitration

Answer 33

The process in which conflicting parties in dispute submit their differences to a court appointed person (arbitrator) who makes the final decision

Question 34

Mediation

Answer 34

The process of facilitating conflicting parties to make an agreement, settlement, or compromise

Question 35

Res Ipsa Loquitur

Answer 35

"the thing speaks for itself" | A case in which there was obvious negligence

Question 36

Punitive damages

Answer 36

Very large payment meant to punish the defendant

Question 37

Nominal damages

Answer 37

Very small settlement cause the patient's injury was slight

Question 38

Compensatory damages

Answer 38

A settlement for losses suffered. Losses can be related to loss of income, property damage, and medical care

Question 39

General damages

Answer 39

A settlement for emotional pain and anguish, loss of future earning power, and so sought with compensatory damages

Question 40

Special damages

Answer 40

A settlement for a specific dollar amount that directly relates to medical bills