Advertisement Upgrade to remove ads

Medical Law & Ethic terms - Chapter 2

ADMINISTRATIVE LAW

a branch of law that covers regulations set by government agencies

ASSAULT

imminent apprehension of bodily harm

BATTERY

bodily harm and unlawful touching (touching without consent of patient)

BEYOND A REASONABLE DOUBT

evidence that is almost an absolute certainty that person did commit a crime

BREACH

neglect of an understanding between two parties; failing to perform a legal duty

BREACH OF CONTRACT

the failure, without legal excuse, to perform any promise or to carry out any of the terms of an agreement; failure ot perform a contractual duty

CASE LAW

also called common law, case law is based on decisions made by judges

CHECKS AND BALANCES

designed by the framers of the constitution so that no one branch of government would have more power than another and so that each branch of government is scrutinized by other branches of government

CIVIL LAW

relationships between individuals or between individuals and the government, which are not criminal

CLASS ACTION LAWSUIT

lawsuit filed by one or more people on behalf of a larger group of people who are all affected by the same situation

CLOSING ARGUMENT

closing speech or summary made by the attorney's for both the the plaintiff and the defendant

COMMON LAW

also called case law, common law is based on decisions made by judges

COMPETENT

capable of making a decision without mental confusion due to drugs, alcohol, or other reasons

CONSIDERATION

in contract law, consideration is something of value given as part of the agreement

CONSTITUTIONAL LAW

the inviolable rights, privileges, or immunities secured and protected for each citizen by the constitution of the United States or by the constitution of each state

CONTRACT LAW

that division of law that includes enforceable promises and agreements between two or more persons to do or not to do a particular thing.

CRIMINAL CASE

one in which court action is brought by the government against a person or groups of people accused of committing a crime, resulting in a fine or imprisonment if found guilty.

CRIMINAL LAWS

set up to protect the public from the harmful acts of others

DEFAMATION OF CHARACTER

making false and/or malicious statements about another person; includes libel and slander

DEFENDANT

person or group of people sued civilly or prosecuted criminally in a court of law

DEPOSITION

oral testimony that is made before a public officer of the court to be used in a lawsuit

DISCOVERY

the legal process by which facts are discovered before a trial

EMBEZZLEMENT

the illegal appropriation of property, usually money, by a person entrusted with its possession

EXPERT WITNESS

a medical practitioner or other expert who, through education, training, or experience, has special knowledge about a subject and gives testimony about that subject in court, usually for a fee

EXPRESSED CONTRACT

an agreement that is entered into orally or in writing

FELONY

a serious crime that carries a punishment of death or imprisonment for more than one year. Examples are murder, rape, robbery and practicing medicine without a license

FRAUDULENT

deceitful

IMPLIED CONTRACT

an agreement that is made through inference of signs, inaction, or silence

JURISDICTION

the power to hear a case

LIBEL

any publication in print, writing, pictures, or signs that injures the reputation of another person

LITIGATION

a dispute that has resulted in one party suing another

MISDEMEANORS

less serious offenses than felonies; punishable by fines or imprisonment of up to one year. These include traffic violations and disturbing the peace

PLAINTIFF

a person or group of people suing another person or group of people; the person who instigates the lawsuit.

PLEADINGS

formal written statements

PREPONDERANCE OF EVIDENCE

evidence showing that more likely than not the incident occurred

PROSECUTOR

a person who brings a criminal lawsuit on behalf of the government

REGULATIONS

rules or laws made by agencies

SLANDER

speaking false and malicious words concerning another person that brings injury to him or her reputation

STATUTES

laws enacted by state and federal legislatures

SUBPOENA

court order for a person or documents to appear in court

SUBPOENA DUCES TECUM

Latin phrase meaning, "under penalty take with you"; a court order requiring a person to appear in court and to bring certain records or other material to a trial or a deposition

SUMMARY JUDGMENT

judge's ruling to end a lawsuit without a trial based on a matter of law presented in pleadings

TORT

a civil injury, or wrongful cat, committed against another person or property that results in harm and is compensated in money damages

TORT LAW

that division of law that covers acts that result in harm to another; covers wrongful acts

UNINTENTIONAL TORTS

such as negligence, occur when the patient is injured as a result of the healthcare professional's not exercising the ordinary standard of care

WAIVE

give up a right

Please allow access to your computer’s microphone to use Voice Recording.

Having trouble? Click here for help.

We can’t access your microphone!

Click the icon above to update your browser permissions above and try again

Example:

Reload the page to try again!

Reload

Press Cmd-0 to reset your zoom

Press Ctrl-0 to reset your zoom

It looks like your browser might be zoomed in or out. Your browser needs to be zoomed to a normal size to record audio.

Please upgrade Flash or install Chrome
to use Voice Recording.

For more help, see our troubleshooting page.

Your microphone is muted

For help fixing this issue, see this FAQ.

Star this term

You can study starred terms together

NEW! Voice Recording

Create Set