45 terms

Medical Law and Ethics Third Edition (Chapter Two)

This is for Medical Law and Ethics Proper Terms, and Spelling (Chapter by Chapter) Written by Bonnie F. Fremgen (Third Edition)
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
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
rules or laws made by agencies
Common Law
also called case law, common law is based on decisions made by judges, may explain or interpret the other sourses of law
Case Law
also called common law, case by case law is based on decisions made by judges
Stare Decisis
Latin phrase meaning "let the decision stand" basing decisions on similar past decisions
Preponderence of Evidence
evidence showing that more likely than not the incident occurred
Tort Law
that division of law that covers acts that result in harm to another; covers wrongful acts
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
a civil injury, or wrongful act, committed against another person or property that results in harm and is compensated in money damages
Intentional Torts
intentional torts occur when a person has been intentionally or deliberately injured by another
imminent apprehension of bodily harm
bodily harm and unlawful touching (touching without consent of patient)
Defamation of Character
making false and/or malicious statements about another person; includes libel and slander
speaking false and malicious words concerning another person that brings injury to his or her reputation
any publication in print, writing, pictures, or signs that injures the reputation of another person
the illegal appropriation of property, usually money, by a person entrusted with its possession
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
neglect of an understanding between two parties; failing to perform a legal duty
in contract law, consideration is something of value given as part of the agreement
capable of making a decision without mental confusion due to drugs, alcohol, or other reasons
Expressed Contract
an agreement that is entered into orally or in writing
Implied Contract
an agreement that is made through inference by signs, inaction, or silence
Breach of Contract
the failure, without legal excuse, to perform any promise or to carry out any of the terms of an agreement; failure to perform a contractual duty
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
Criminal Laws
set up to protect the public from the harmful acts of others
Beyond a Reasonable Doubt
evidence that is almost an absolute certainty that a person did commit a crime
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
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
less serious offenses than felonies; punishable by fines or imprisonment of up to one year. These include traffic violations and disturbing the peace
Administrative Law
a branch of law that covers regulations set by government agencies
the power to hear a case
person or group of people sued civilly or prosecuted criminally in a court of law
a written charge presented to the court by the grand jury against a defendant
a dispute that has resulted in one party suing another
a person or group of people suing another person or group of people; the person who instigates the lawsuit
a person who brings a criminal lawsuit on behalf of the government
give up a right
court order for a person or documents to appear in court
oral testimony that is made before a public officer of the court to be used in a lawsuit
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
formal written statements
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