Medical Law & Ethics – Key Vocabulary

30 vocabulary flashcards covering essential legal and ethical terms for medical professionals.

Criminal Law

Body of law designed to protect the public from harmful acts; divides offenses into misdemeanors and felonies.

Civil Law

Legal system governing disputes between individuals or individuals and government; includes tort, contract, and administrative law.

Tort Law

Branch of civil law covering acts (intentional or unintentional) that cause harm to another person.

Misdemeanor

Less-serious criminal offense punishable by fines or jail time of up to one year, such as traffic violations or petty theft.

Felony

Serious crime punishable by imprisonment in state or federal prison or by death (e.g., murder, rape).

Standard of Care

Level of knowledge, care, and skill a reasonably prudent professional with similar training would provide in similar circumstances.

Negligence

Failure to exercise the standard of care, resulting in patient injury; proven through the Four Ds.

Four Ds of Negligence

Elements required to prove negligence: Duty, Dereliction (breach), Direct Cause, and Damages.

Duty (in negligence)

Legal obligation arising from the physician–patient relationship to provide appropriate care.

Dereliction of Duty

Physician’s failure to meet the required standard of care that a prudent practitioner would provide.

Direct Cause

Proof that the provider’s breach of duty was the immediate cause of the patient’s injury.

Damages (legal)

Actual injuries or losses a patient suffers and seeks compensation for in a lawsuit.

Assault

Intentional act that creates a reasonable fear of imminent, unwanted physical contact.

Battery

Intentional, unauthorized physical contact or procedure performed on another person.

False Imprisonment

Unlawful restraint or confinement of a person without legal justification or consent.

Defamation of Character

False statement that harms another’s reputation; may be spoken (slander) or written (libel).

Slander

Spoken defamation that damages a person’s reputation.

Libel

Written or published defamation that injures a person’s reputation.

Invasion of Privacy

Unauthorized disclosure, exposure, or use of a person’s private information or likeness.

Abandonment (medical)

Improper termination of the physician–patient relationship without reasonable notice or opportunity to obtain other care.

Contract Law

Area of civil law dealing with enforceable agreements; requires offer, acceptance, consideration, and competence.

Implied Contract

Agreement assumed from actions, conduct, or circumstances rather than written or spoken words.

Express Contract

Agreement explicitly stated, either orally or in writing, outlining specific terms and conditions.

Administrative Law

Regulations created and enforced by governmental agencies that have the force of law.

Respondeat Superior

Legal doctrine meaning “let the master answer,” holding employers liable for employees’ actions within scope of employment.

Malpractice

Professional misconduct or lack of reasonable skill that results in patient injury, loss, or damage.

Malfeasance

Commission of a wrongful or unlawful act by a professional.

Misfeasance

Performance of a lawful act in an improper or negligent manner.

Nonfeasance

Failure to perform an act that is part of one’s duty or required by law.

Res Ipsa Loquitur

Doctrine meaning “the thing speaks for itself”; applied when negligence is so obvious no further proof is needed.