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25 terms

Medical Staff Health Law Flashcards

CAMSS Study Tips for NAMSS CPMSM Certification Exam
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Negligent credentialing
A legal doctrine applied to hospitals and managed care organizations
Tort
A civil wrong committed against a person or property
Contract
A duty imposed upon an individual by his own agreement
Injury or harm
What is an element necessary to establish tort?
Tort
Defamation is an example of _______.
Common Law
The type of law created by judicial decision
Consent
A voluntary act by which one person agrees to let another person do something
Plaintiff
The party bringing legal action - the one who complains
Amicus
Friend of the Court - a brief filed by an interested party giving an opinion or information on the case.
Discovery
Pretrial activities to determine what evidence the opposing side will present if the case goes to trial
Hearsay Rule
A rule of evidence that restricts the admissibility of evidence that is not the personal knowledge of the witness
Liability
An obligation one has incurred or might incur through any act or failure to act
Litigation
A trial in court to determine legal issues and the rights and duties between the parties to the litigation
Brief
Document an attorney prepares on appeal cases, gives history, facts, legal action, opinion about case presented to an appeals judge.
Harm or Injury
Any wrong or damage done to another, either to his/her personal rights, or property
Antitrust
Unlawful restraints and monopolies or unfair business practices
Prima Facie
So far as can be judged on the first appearance.
Negligence
Failure to act as an ordinary prudent person, conduct contrary to that of a reasonable person under specific circumstances.
Malpractice
Professional miscondut, improper discharge of professional duties or a failure to meet the standard of care by a professional that results in harm to another.
Stare Decisis
To abide by the decided cases
Interrogatories
A part of the discovery process in which written questions are given to the opposing parties in a lawsuit to get written facts and answers given under oath to questions put forth.
Vior dire
"To look and say", the plaintiff has the ability to review the hearing panel to determine conflict of interest, and/or economic competition
Respondant Superior
"Let the master answer." The employer is responsible for the legal consequences of the acts of the employee while she/he acts within the scope of his/her employement; the employer may be temporary or have "borrowed" the employee and thus becomes liable for the actions of the "borrowed servant." In the operating room the surgeon is considered the captain of the ship.
Deposition
Written sworn testimony, made before a public officer for a court action, often as answers to questions posed by a lawyer, used for discovery of information or evidence for trial.
Res Judicata
"The thing has already been decided" as in, once the case has been decided, additional defendants cannot be added.