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Flashcards in Medical Law Deck (17):
1

What is a tort?

a private wrong NOT based on contract

2

Under what general category is a medical malpractice case (based on negligence)?

tort

3

What is an injunction?

a court order to do or refrain from doing a specific act

4

Under what rule , may a doctor be responsible for his nurse's negligence?

"respondeat superior"

5

What are the elements of medical malpractice?

1. duty
2. breach of duty
3. causal relationship between breach of duty and the damage (proximate cause)

6

what is the term used to describe the selection and questioning of jurors?

Voir dire

7

what is the rule of "stare decisis"?

the rule a court tends to follow its previous decision based on similar facts

8

which Medicare coverage is supplemental?

Medicare Part B, for which the policyholder pays a premium

9

Narcotics prescribed by podiatrists for use in clinical practice are which Schedule of drug?

Schedule 2

10

what is libel?

a written defamatory statement

11

What is slander?

spoken defamation is termed slander

12

what does "res ipsa loquitur" mean?

"the thing speaks for itself"'; a technique in which teh plaintiff tries to show a breach of teh standard of care without direct evidence

13

What is the term for when the court follows its previous decision based on similar facts?

stare decisis

14

What is the term for when the doctor may be held responsible for nurse's negligence?

respondeat superior

15

What is the term that describes the selection and questionin go fjurors?

voir dire

16

What is the term for a private wrongdoing NOT based on contract?

tort

17

What is the term for when a plaintiff tries to show breach of care without direct evidence?

res ipsa loquitur