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Kinns- Chapter 7 Medicine and Law
Terms in this set (88)
withdraw protection or support; in medicine, to discontinue medical care without proper notice after accept- ing a patient.
The formal action of a legislative body; a decision or deter- mination of a sovereign state, a legislative council, or a court of justice.
A statement by a party to a legal action of what the party undertakes to prove; an assertion made without proof.
A legal proceeding by which a case is brought before a higher court for review of the decision of a lower court.
Having the power to review the judgment of another tribunal or body of jurisdiction, such as an appellate court.
The hearing and determination of a cause in controversy by a person or persons either chosen by the parties involved or appointed under statutory authority.
A neutral person chosen to settle differences between two parties in a controversy.
An intentional, unlawful attempt of bodily injury to another by force.
To agree to something, especially after thoughtful consideration.
An officer of some U.S. courts who usually serves as a messenger or usher and who keeps order at the request of the judge.
A willful and unlawful use of force or violence on the person of another.
Code of federal Regulation (CFR)
A coded delineation of the rules and regulations published in the Federal Register by the various departments and agencies of the federal government. The CFR is divided into 50 titles that represent broad subject areas and chapters that provide specific detail.
Occurring at the same time.
Statutes in some states that may prevent
a party from recovering some damages if he or she contributed
in any way to the injury or condition.
Loss or harm resulting from injury to person, property,
or reputation; compensation in money imposed by law for
losses or injuries.
A legal term for a deceased person.
A person required to answer in a legal action or suit;
in criminal cases, the person accused of a crime.
A formal record of judicial proceedings; a list of legal
cases to be tried.
A fundamental constitutional guarantee that all
legal proceedings will be fair; that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away life, liberty, or property; a constitutional guarantee that a law will not be unreasonable or arbitrary.
A person under legal age who is self- supporting and living apart from parents or a guardian; a mature minor considered by the courts to possess a sufficient understanding of self-care and responsibility.
People who provide testimony to a court as experts in certain fields or subjects to verify facts presented by one or both sides in a lawsuit, often compensated and used to refute or disprove the claims of one party.
A major crime, such as murder, rape, or burglary; punish- able by a more stringent sentence than that given for a misdemeanor.
A sum imposed as punishment for an offense; a forfeiture or penalty paid to an injured party or the government in a civil or criminal action.
guardian ad litem
Legal representative for a minor.
A legally enforceable agreement that arises
from conduct, from assumed intentions, from some relation- ship among the immediate parties, or from the application of the legal principle of equity.
A consent, usually written, which states understanding of what treatment is to be undertaken and of the risks involved, why it should be done, and alternative methods of treatment available (including no treatment) and their attendant risks.
a violation or infringement of a law, agreement, or set of rules.
Breaking the law; minor offenses against the rules, usually punishable by fines.
Of or relating to a judgment, the function of judging, the administration of justice, or the judiciary.
The science or philosophy of law; a system or body of law or the course of court decisions.
A binding custom or practice of a community; a rule of conduct or action prescribed or formally recognized as binding or enforceable by a controlling authority.
Obligated according to law or equity; responsible for an act or circumstance.
A written defamatory statement or representation that conveys an unjustly unfavorable impression.
Prone to engage in lawsuits.
Something that is easily
understood or recognized by the mind.
A minor crime, as opposed
to a felony, punishable by fine or imprisonment in a city or
county jail rather than in a penitentiary.
Courts that sit in
some cities and larger towns and that usually have civil and criminal jurisdiction over cases arising within the municipality.
failure to exercise the care a prudent person usually exercises; implies inattention to one's duty or business; implies want of due or necessary diligence or care.
Authoritative decree or direction; law set forth by a governmental authority, specifically, municipal regulation.
other potentially infectious materials (OPIM)
Substances or materials other than blood that have the potential to carry infectious pathogens, such as body fluid, urine, semen, and others.
The voluntary violation of an oath or vow either by swearing to what is untrue or by omission to do what has been promised under oath; false testimony.
physician office laboratories (POLs)
Laboratories owned by a private physician or corporation, such as the laboratory inside a physician's office or a freestanding laboratory.
The person or group bringing a case or legal action to court.
To surpass in rank, dignity, or impor- tance; to be, go, or come ahead or in front of.
A person or thing that serves as a model; something done or said that may serve as an example or rule to authorize or justify a subsequent act of the same kind.
preponderance of the evidence
Evidence of greater weight or more convincing than the evidence offered in opposition to it; evidence that as a whole shows that the fact sought to be proven is more probable than not.
Marked by wisdom or judiciousness; shrewd in the management of practical affairs.
Doubt based on reason and arising from evidence or lack of evidence; it is not doubt that is imagined or conjured up, but doubt that would cause reasonable persons to hesitate before acting.
The mutual exchange of privileges; a recognition of one state or institution of the licenses or privileges granted by the other.
A turning to something or someone for help or protection.
Having significant and demonstrable bearing on the matter at hand.
The person required to make answer in a civil legal action or suit; similar to a defendant in a criminal trial.
Oral defamation; a harmful, false statement made about another person.
Laws enacted by the legislative branch of a government.
To specify as a condition or requirement of an agreement or offer; to make an agreement or covenant to do or forbear from doing something.
A writ or document commanding a person to appear in court under a penalty for failure to appear.
subpoena duces tecum
A legally binding request to appear in court and provide records or documents that pertain to a particular case.
A solemn declaration usually made orally by a witness under oath in response to interrogation by a lawyer or authorized public official.
Uniform Commercial Code (UCC)
A unified set of rules cover- ing many business transactions; it has been adopted in all 50 states, the District of Columbia, and most U.S. territories. It regulates the fields of sales of goods; commercial paper, such as checks; secured transactions in personal property; and particular aspects of banking, letters of credit, warehouse receipts, bills of lading, and investment securities.
The finding or decision of a jury on a matter submitted to it in trial.
A docket is a formal record of judicial __________ or a list of the legal cases to be tried.
When one party of a lawsuit is dissatisfied with a lower court's decision, it has the right to __________ a higher court.
The ____________ clause is part of the OSHA regulations.
In a(n) __________ case, guilt must be proven beyond a reasonable doubt.
The act that prohibits discrimination against children with pre-existing conditions is called the __________________.
A(n) __________ is a list of legal cases to be tried.
The finding or decision of a jury on a matter submitted to it in trial is called the __________.
Presumed consent is also called _______ consent.
Once a patient has decided to file a lawsuit against a physician, the first step is to find a(n) __________ to accept the case.
Failure to perform a duty is called __________.
__________ negligence exists when the patient contributes to his or her own condition.
A sum imposed as punishment for an offense is called a(n) __________.
The medical assistant cannot explain the consent form; this must be done by the __________.
Civil cases must be proven by a(n) __________ of the evidence.
__________ is an alternative to trial in which a third party hears evidence and makes a decision.
3rd party who conducts an Arbiraiton
supoena duces tecum
legal document requiring the recipient to bring certain written records to court to be used as evidence in a lawsuit
A written set of questions requiring written answers from a plaintiff or defendant under oath
The person giving the deposition is called the _____________.`
If no jury is present and a judge decides the case, the proceeding is called a(n) __________ trial.
A physician must use reasonable care, attention, and __________ when treating patients.
A solemn declaration usually made orally by a witness under oath is called:
__________ damages are small awards that are token compensation for invasion of a legal right in which no actual injury was suffered.
__________ are a type of testimony that is not limited to the parties in a lawsuit
Turning to something or someone for help or protection is called __________.
A(n) __________ is something done or said that serves as an example or rule to authorize or justify a subsequent act of the same type.
Something marked by wisdom or judiciousness is said to be __________.
To agree to something after thoughtful consideration is called __________.
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