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70 terms
Terms | Definitions |
|---|---|
 types of laws | constitutional, statutory, common, administrative |
| what kind of laws are statutory laws? | Acts, UCMJ, statutes of limitation |
| what is common law? | case-made, or judge-made law, ex. you vs. me, me vs. the world |
| what is administrative law? | regulations, the common rule. backed up by statute |
| contract | a legally binding agreement |
| elements of a contract | competent parties, legal subject matter, offer, acceptance, consideration, mutual agreement |
| types of contracts | written or oral, express or implied |
| remedies sought in a contract | specific performance, damages |
| elemental,performance/satisfaction, impossibility, sovereign immunity, fructration of performance, statute of limitations (4-6yrs), Res judicata (already decided) | defenses to contracts |
| much of contract law is a matter of common law; this is not as true in the area of... | government contracts |
| favoring small business, organized labor, veterans, & depressed areas (government contracts) | prescriptive statutes |
| what 'governs' government contracts? | enabling statutes, administrative law (FAR: federal aquisition regulation), prescriptive statutes |
| 3 types of torts | torts of strict liability, intentional torts, negligent torts |
| unleashing a dangerous instrumentality | torts of strict liability |
| assault, battery, false imprisonment, violation of the right to privacy, abandonment, defamation (libel-written, slander-oral), intentional infliction of emotional distress, putrage | parts of intentional torts |
| legally actionable negligence: duty, negligent breach of duty, injury, causation | negligent torts |
| failure to meet the standard of care: failure to consult, failure to refer, failure to obtain informed consent, abandonment, breach of confidentiality | negligent medical torts |
| compensatory (general, special), punitive | damages in tort |
| elemental, good samaritan, res ajudicata, truth, charitable immunity, sovereign immunity, assumption of the risk, contributory negligence, comparative negligence, statute of limitations | defenses in torts |
| individual & corporate | two types of liability |
| vicarious liabilty & corporate negligence | types of corporate liability |
| individual negligence & corporate negligence both require... | duty, breach of duty, injury, causation |
| makes the employer liable | respondeat superior (let the master answer) |
| to act as a reasonable and prudent HCP would act under the same or similar circumstances | medical standard of care |
| locality rule; national/professional rule | application of the standard of care |
| expert medical testimony is needed... | in situations beyond the 'ken' of average laymen |
| expert testimony not required, laymen would understand | res ipsa loquitur (the thing speaks for itself) |
| event would not normally occur, absent someones negligence; cause was within exclusive control of defendant; no negligence on part of plantiff | 3 conditions for res ipsa loquitur |
| wrong limb or wrong body part; wrong patient; explosion or fire; bforeign body left in patient | res ipsa loquitur situations |
| every human being of adult years and sound mind ahs the right to determine what shall be done with his own body | schloendorff (1914), patient autonomy |
| informed consent; informed refusal | 2 sides to informed decision making |
| decision making caspacity; information; voluntariness; agreement/request; declination/refusal | elements of informed decision making |
| legal age; ability to take in information; ability to process information; ability to communicate information | decision making capacity |
| the procedure; benefits; risks; alternatives (to include no intervention) | information required for informed decision making |
| information giving must be... | patient centered |
| neither consent nor refusal can be coerced and be voluntary; either can be influenced and be voluntary | voluntariness |
| partient's best interests; surrogate's substituted judgement | ways surrogates may make decisions (decision making modalities |
| 3 stayes with te right to die/refuse care | washington, oregon, montana |
| preservation of life; prevention of suicide; protection of innocent third parties; protection of the ethical integrity of the health care professional | important states' interests |
| emergency; theraputic priviledge; treatment ORDER by court; treatment REQUIRED by law; nonconsensual treatment PERMITTED by law | when consent is not required |
| emergency medical care (life/limb); certain immunizations; isolation & quarantine; detention on closed wards; medical care related to mental disorders; diagnostic procedures; physical exams | required care for military members |
| requires-- that patients be told about their right to refuse care and theirright to execute advance directives | patient self-determination act |
| patient self determination act applies to-- anyone recieving federal money-- | hospitals, nursing facilities, home health care organizations, hospices, HMOs |
| DNR orders; durable powers of attorney for medical care; living wills | advance directives |
| becomes ineffective upon the grantor's incapacity; a creature of common law | power of attorney |
| becomes effective upon grantor's loss of decision making capacity | durable power of attorney |
| takes effect when a stated medical problem occurs; requires a terminal condition; relies on health care providers | living will |
| takes effect upon execution or loss of decision makinf capacity; employs a named agent; grants decision making power for any medical situation | durable power of attorney (for medical care) |
| an amount of money necessary to make the injured party whole | american theory of damages |
| special damages; general damages (including hedonic); nominal damages; punitive damages | types of damages in tort |
| objective factors--cost of repairs; loss of earnings; impariment of earning capacity; medical expenses; service in the home | special damages |
| subjective factors--pain & suffering; physical impairment; loss of use; visible scarring; loss of enjoyment of life | general damages |
| remittitur | judge takes away |
| additur | judge gives more |
| among multiple defendants | joint & several liability |
| loss of profit; increased cost | damages in a contract |
| cost of repaires; loss of value; direct economic loss; pain & suffering | damages in a tort |
| partially abrogates the doctrine of sovreign immunity with regard to torts and applies the doctrine of respondeat superior to make the government liable; protects governmental agents & emplyees from personal liabiliuty for harm resulting from their negligence in-scope torts | federal tort claims act |
| when in-scope negligent torts of agents & employees; in the united states; based on status of injured party | when the federal torts claim act applies |
| 2 year statute of limitations; trial by judge alone; trial in u.s. district court; no limit on damages; no punitive damages | rules of federal tort claims act |
| intentional torts, except of law enforcement officers; in foreign countries; involving combatant activities; service member injured incident to service or while exercising a military priviledge | when federal tort claims act does NOTapply |
| the government is not liable under the fedral tort claims act for injuries to service members when those injuries arose out of, or in the course of, activities incident to service | feres doctrine |
| a system of compensation exists; necessary to maintain military discipline | feres rationale |
| a system of rules that defines socially acceptable behaviors and sets punishments for violations | what is law |
| public/private & civil/criminal | catagories of law |
| society harmed; no self-help; restriction on liberty; evidence beyond a reasonable doubt; trial by jury guaranteed | elements of criminal law |
| individual harmed; self-help permitted; damages; by a preponderance of the evidence; limited right to trial by jury | elemnets of civil law |
| 2 tyoes of civil law | contract & torts |
| a legally binding agreement | contract |
| a noncontractual civil wrong committed against a person or his property for which a court may award a remedy in damages | tort |
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