law and ethics ch 5 (phlebotomy)

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  1. 1) the accident would not have occurred if reasonable care had been used.
    2) the defendant had exclusive control over the cause of the injury
    3) the plaintiff did not contribute to the occurrence of the accident
    Res ipsa loquitur requires 3 conditions:
  2. 1) there was a RELATIONSHIP between the physician and the patient.
    2) the relationship established DUTY to the patient
    3) the duty had been up held at a PROFESSIONAL STANDARD OF CARE
    4) the physician BREACHED the duty
    5) the patient had a resulting INJURY
    6) the physician's breach was the PROXIMAL cause of the injury.
    6 requirements for medical malpractice
  3. 1)the patient consulted in the physician for medical advice.
    2) the elements of a contract were met:
    offer, acceptance, consideration, and mutual assent
    the relationship between the physician and the patient is established by contract. It must show that 2 things exist:
  4. expert witness
    one whose education, profession, or specialized experience qualifies him or her with superior knowledge of a subject
  5. res ipsa loquitur ("the things speaks for itself")
    evidence showing that negligence by the accused person may be reasonably inferred from the nature of the injury occurring to the plaintiff
  6. proximate cause
    that which, in any natural and continuous sequence, unbroken by any intervening cause, produces injury
  7. nonverbal communication
    communicating with someone using body language
  8. ethical
    conforming to professionally proper behavior
  9. adbersary
  10. defensive medicine
    a practice by someone physicians of ordering every battery of medical tests and procedures known to search out a definite diagnosis so as not to be accused of failing to practice zealously
  11. suit-prone
    apt to start a suit or to be the object of a suit
  12. sanction
    a penalty imposed for violating a law or accepted procedure
  13. peer review
    a review by persons with similar professional qualifications
  14. pharmacopoeia
    a book officially listing medical drugs along with information about their preparation ad use; a stock of drugs in a pharmacy
  15. sociological
    pertaining to human social behavior
  16. burnout
    exhaustion from overwork
  17. statue of limitations
    the law setting a time limit withing which one person can sue another
  18. contributory negligence
    conduct by a plaintiff that is below the standard to which he or she is legally required to conform for his or her own protection
  19. assumption of risk
    voluntary acceptance of known danger
  20. grossly negligent
    failing intentionally to perform a necessary duty in extraordinary disregard of the consequences to the person neglected, particularly if it can be proven that there is more than a 50% chance the negligence caused an injury
  21. insurance
    a contract binding a company to compensate someone for proven damages or injury caused by the party who has paid permuims in the contract
  22. product liability
    a torn making a manufacturer liable for compensation to anyone using it's product if damages or injuries occur from defects in that product
  23. malfunction
    defective performance of a product
  24. patient defect
    a malfunction easily discovered upon examination of a product
  25. latent defect
    a defect not apparent by reasonable inspection
  26. consumer
    one who buys products and services
  27. invitee
    a person who enters properly for business as a result of express or implied invitation
  28. licensee
    a person who enters property with implied permission of the owner
  29. trespasser
    someone who enters a property illegally
  30. reasonable care
    acceptable degree of care under certain circumstances
  31. affirmative duty
    responding to an incident in a predetermined manner
  32. capitation
    a flat periodic payment to a health care provider pain on a per-person basis in exchange for all the services the beneficiary may need.
  33. autonomy
    one who gives oneself their own law
  34. self-determination
    free choice of one's own acts without external compulsion
  35. -offer
    -mutual assent
    elements of a contract
  36. tribunal
    one who reviews a case to see if it should go to court.
  37. professional
    engaged in a specified activity as one's main paid occupation rather than as a pastime
  38. tolling
    a temproary suspension of the statute while the defendant is absent from the jurisdiction or while the plaintiff is a minor.
  39. Emergency
    • .an unforeseen combination of circumstances or the resulting state that calls for
    • immediate action
  40. 1) statute of limitations,
    2) contributory negligence,
    3) comparative negligence,
    4) assumption of risk,
    The five defenses available to a defendant in a medical malpractice cause of action are tolling of the
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law and ethics ch 5 (phlebotomy)
lbcc phlebotomy
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