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KPE 250 legal terms
Legal terms for Quiz one in KPE 250
24
Medical
Undergraduate 2
01/26/2016

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Term
Standard of care
Definition
Level a healthcare provider can legally and prudently practice at, peers would have done the same
Term
Liability
Definition
Being legally responsible for something, or a state of being that could pose a legal risk
Term
Negligence
Definition
Failure to take reasonable action or overstepping legal action
Term
Tort
Definition
From French, a civil wrong, intentional or accidental, physical injury/defamation occurs, major area of law.
Term
Malfeasance
Definition
Doing something illegal or immoral on purpose
Term
Misfeasance
Definition
Management of facility with errors and a poor result but lacking malicious intent
Term
Nonfeasane
Definition
Failure to fulfill commitments or do what should have been done
Term
Malpractice
Definition
careless, wrong, or illegal action by a professional
Term
Gross negligence
Definition
Conscious and intentional disregard to reasonable care that may cause foreseeable harm. Extreme compared to negligence.
Term
Comparative negligence
Definition
Rule of law where responsibility for damage lies with multiple parties
Term
Act of omission
Definition
Neglect of a duty that should have been performed
Term
Act of commission
Definition
An unnecessary act that results in harm
Term
Good Samaritan law
Definition
A good samaritan is a volunteer coming to aid in an emergency. Offered Immunity in some states if aid is given at the scene and volunteer had no other motives
Term
Assumption of risk
Definition
Plaintiff knew activity was dangerous, assumed risk by participating
Term
Forseeability of harm
Definition
The negligent party should have expected a poor outcome
Term
Informed consent
Definition
Agreement to participate after all relevant facts are known
Term
Implied consent
Definition
Consent inferred from actions or inactions
Term
Product liability
Definition
Manufacturer responsibility to compensate for injury caused by defective merchandise
Term
Implied Warranty
Definition
Promise that merchandise will be fit for its purpose if sold.
Term
Expressed warranty
Definition
Written promise that merchandise will be fit for its purpose if sold
Term
Strict liability
Definition
Does not depend on actual negligence
Term
Confidentiality
Definition
Information for which unauthorized disclosure is punishable by law
Term
HIPAA
Definition
DHH act for privacy and disclosure policies
Term
FERPA
Definition
Family Education Rights and Privacy act, prevents schools from sharing records without permission.
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