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32 Cards in this Set
- Front
- Back
Play defense strategy that allows the defendant to prevent the argument that the patient's condition was the result of factors other than negligence on the defendant's part |
Affirmative defense |
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The procedure for settling disputes by means other than litigation |
Alternative dispute resolution |
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Person or persons of signed by the court to mediate in civil suit |
Arbitrator |
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A legal defense that a search that the plaintiff was aware of risk and accepted the risk with the activity involved |
Assumption of risk |
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A legal defense that proves the plaintiff's own actions or lack of actions contributed to the damage is done |
Comparative negligence or contributory negligence |
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The award of the amount given to the plaintiff in a court case to reimburse the plaintiff for loss of income or pain and suffering |
Compensatory damages |
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The an acknowledgement of a person to the risk and alternative involved in a treatment as well as permission for the treatment to be performed |
Consent |
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The actual injury or loss suffered by a defendant in a suit usually given a monetary award by the court based on the extent of loss or injury |
Damages |
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The physician's practice of ordering unnecessary tests and other procedures to protect the position from lawsuits |
Defensive medicine |
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Legal assertion of innocence made only if all four elements of negligence or false |
Denial |
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And neglect or negligence of one's duty |
Dereliction of duty |
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In a negligence case. Correspondence between the dereliction of duty and the actual damage sustained by the plaintiff |
Direct cause |
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Law or statute that states the statue of limitations does not begin until discovery of the diagnosis or injury |
Discovery rule |
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In a malpractice suit the proof of responsibility of the parties involved |
Duty |
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Law providing community for those who render health care for an emergency or disaster without reimbursement |
Good Samaritan Law |
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Same as consent but the medical field system becomes more detailed listing and covering all possible risk and potential prognosis is for having a treatment or procedure performed and the alternatives available |
Informed consent |
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Legal responsibility for a person's own actions |
Liable |
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Highly inclined to sue |
Litigious |
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Performance of an illegal act |
Malfeasance |
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The failure of a professional to meet the standard of conduct that a reasonable and prudent member of the same profession would exercise in similar circumstances and results in harm |
Malpractice |
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The process by which a neutral third party who is trained in mediation technique facilitates and assist in resolving a dispute |
Mediation |
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Poor performance of a duty or action causing damage |
Misfeasance |
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The failure to use such care as a reasonably prudent and careful person would use under similar circumstances an act of omission or failure to do what a person or ordinary prudence would have done under similar circumstances |
Negligence |
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A small payment or award given by the court |
Nominal damages |
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A failure to perform an action when needed |
Nonfeasance |
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An award granted by the courts to punish the defendant for the damages done based on a malicious or intentional act |
Punitive damages |
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Law that asserts that once the person causing damage is released from further liability in a previous suit settlement he or she cannot be held liable in a subsequent suit |
Release of tortfeasor |
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Law that forbids suing a subsequent time for the same damage its once a case has already been resolved |
Res judicata |
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Legal doctrine stating that in many circumstances and employer's responsibility for the actions of employees performed within the course of the employment |
Respondeat superior |
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Legal agreement that is reached between two parties in a civil matter |
Settlement |
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Defense against a tort action requires that a claim be filed within a specific amount of time of discovering that A wrong has been committed |
Statute of limitations |
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And Latin phrase meaning under penalty take it with you, used in medical egalitarian matters to subpoena a provider or facility to prevent the defendants file or records when appearing in court |
Subpoena duces tecum |