A | B |
Plaintiff | The individual who initiates a lawsuit |
latrogenic injury | An injury resulting from the activity of health care professionals |
Defamation | Slander or libel that damages a person's reputation or good name |
Aeger primo | The motto used by AST meaning "The Patient First" |
Precedent | Legal principle, created by a court decision that provides an example of authority for judges deciding similar issues later |
Larceny | Taking another's property without consent |
Allegation | A statement one expects to prove true |
Criminal negligence | Reckless disregard with for the safety of another; willful indifference |
Primum non nocere | "Above all, do no harm" |
Medical record | The combined account of the interaction between the patient and the health care providers during a given incident of illness or treatment. |
Credential | Title used that establishes a minimum knowledge base for a given health care profession |
Federal Law | Jurisdictin is given to courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties |
Guardian | Court-appointed protector for an individual incapable of making his or her own decisions |
Intentional tort | Willful, intentional acts that violate the civil rights of a patient |
Assault | An act that causes another person to fear that he or she will be touched in an offensive, insulting, or physically injurious manner without consent or authority to do so |
Common law | Principles that have evolved and continue to evolve on the basis of court decisions |
Statutory law | Any law prescribed by the action of a legislature |
Case law | All legal decisions reported on a given legal subject |
Criminal law | Law governing violations of the law punishable as offenses against the state or the federal government |
Civil law | Law governing relationships of individuals with other individuals, organizations, or government agencies |
Bona Fide | In good faith or innocently |
Complaint | First pleading file by plaintiff's attorney in a negligence action |
Defendant | In criminal cases, the person accused of the crime; in civil matters, the person or organization being sued |
Indictment | Formal written accusation from a grand jury |
subpoena | court order to appear and testify or produce required documents |
Deposition | Method of pretrial discovery in which questions are answered under oath |
Affidavit | Voluntary statement of facts sworn to be true before an authority |
Trial | When parties to a dsipute present evidence in a court of law in order to achieve a resolution or, in a criminal act, to determine a person's innocence or guilt |
Jury | Group of citizens who decide the outcome of a criminal or civil trial |
Prejury | Intentionally providing false testimony under oath |
Accountability | Obligation to disclose details for evaluation; commonly used to mean "to be held responsible for" |
Liable | Legally responsible |
Liability, corporate | Obligation to do or not do something that is the responsibility of the corporate body |
Liability, Personal | obligation by the individual to do or not do something |
Malpractice | Professional misconduct that results in harm to another; negligence of a professional |
Negligence | Omission (not doing) or comission (doing) of an at that reasonable and prudent individual would not do under the same conditions; may associate with the phrase "departure from the standard of care" |
Criminal negligenice | Reckless disregard for the safety of another; willful indifference |
Standard of Care | Description of conduct that is expected of an individual or professional in a given circumstance |
Doctrine of Personal Liability | Each person is responsible for his or her own conduct |
Doctrine of Corporate Negligence | Health institution may be found negligent for failing to ensure that an acceptable level of patient care was provided |
Respondant Superior | "let the master answer" Employer is responsible for the actions of his or her employees |
Doctrine of Borrowed Servant | One who is controlling or directing the employee has greater responsiblity than the one who is paying the employee |
Doctrine of Reasonably Prudent Person | Persons should perform an action as would any typical member of the community with sound judgement |
Doctrine of Foreseeability | The ability of reasonably anticipate that harm or injury may result because of certain acts or omissions |
Tort | Civil wrong; may be intentional or unintentional |
Intentional Infliction of Emotional Distress | Disparaging remarks made about a patient that result in mental pain |
Slander | Oral statement that damages a person's reputation or good name |
Libel | Written statement that damages a person's reputation or good name |
False imprisonment | Illegal detention of a person without consent, or forcing a person to stay in an area by not allowing him or her to leave |
Battery | Actual act or harmful or unwanted contact with a person, including contact without proper consent |