Defenses used by defendants in medical professional liability suits that allow the accused to present factual evidence that the patient's condition was caused by some factor other than the defendant's negligence
Assumption of Risk
A legal defense that holds the defendant is not guilty of a negligent act, since the plaintiff knew of and accepted beforehand any risks involved.
The hearing and determination of a case in controversy by a third party, chosen by the parties concerned or appointed under statutory authority
Law that involves wrongful acts against persons
A voluntary credentialing process whereby applicants who meet specific requirements may receive a certificate
The act of holding information in confidence, not to be released to unauthorized individuals
Breach of Contract
Failure of either party to comply with the terms of a legally valid contract
Monetary awards sought by plaintiffs in lawsuits.
The person or party against whom criminal or civil charges are brought in a lawsuit.
A defense that claims innocence of the charges or that one or more of the four Ds of negligence are lacking.
Doctrine of Informed Consent
The legal basis for informed consent, usually outlined in a state's medical practice acts
A type of affirmative defense in which the person who comes to the aid of a victim in an emergency is not held liable under certain circumstances.
The sending of information from one network-connected computer to another
Standards of behavior, developed as a result of one's concept of right and wrong
Standards of behavior considered to be good manners among members of a profession as they function as individuals in society.
Dishonest or deceitful practices in depriving, or attempting to deprive, another of his or her rights.
An offense punishable by death or by imprisonment in a state or federal prison for more than one year.
The primary care physician who directs the medical care of HMO members.
A medical management system in which a group of three or more licensed physicians share their collective income, expenses, facilities, equipment, records, and personnel.
A pledge for physicians, developed by the Greek physician Hippocrates circa 400 B.C.
An unwritten and unspoken agreement whose terms result from the actions of the parties involved.
Rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority.
Good Samaritan Acts
State laws protecting physicians and sometimes other health care practitioners and laypersons from charges of negligence or abandonment if they stop to help the victim of an accident or other emergency.
Four Cs of Medical Malpractice Prevention
Caring, Communication, Competence, and Charting
A mandatory credentialing process established by law, usually at the state level, that grants the right to practice certain skills and endeavors.
Accountable under the law.
One who performs administrative and clinical duties for a physician/employer within a medical office
A collection of data recorded when a patient seeks medical treatment.
Statute of Limitation
That period of time established by state law during which a lawsuit may be filed.
Standard of Care
The level of performance expected of a health care worker in carrying out his or her professional duties.
The person bringing charges in a lawsuit.
Decisions made by judges in the various courts that become rule of law and apply to future cases, even though they were not enacted by a legislature; also known as case law
Information held confidential within a protected relationship.
A civil wrong committed against a person or property, excluding breach of contract.
Third party payer contract
A written agreement signed by a party other than the patient who promises to pay the patient's bill.
Literally,"let the master answer." A doctrine under which an employer is legally liable for the acts of his or her employees, if such acts were performed within the scope of the employees' duties
Literally, "The thing has been decided"; legal principle that a claim cannot be retried between the same parties if it has already been legally resolved
Res Ipsa Loquitur
Literally, "the thing speaks for itself"; a situation that is so obviously negligent that no expert witnesses need be called. Also known as the doctrine of common knowledge.