Medical Law Mid-semester Master Document

Contract

A legally binding agreement between parties, often defined and enforced in legal contexts through cases like Carlill v. Carbolic Smoke Ball Co..

Battery

The intentional and direct application of force to another person without their consent, as seen in cases like Cole v. Turner.

Negligence

A failure to take reasonable care to avoid causing injury or losses to another person, exemplified in the foundational case Donoghue v. Stevenson.

Implied Terms

Terms that are not expressly stated but are considered to be included in a contract by law or circumstance, such as those recognized in cases like Liverpool City Council v. Irwin.

Express Terms

Specific terms that are clearly stated in a contract, highlighted in contractual disputes reflected in cases like Parol Evidence Rule.

Duty of Care

A legal obligation to ensure the safety or well-being of others, illustrated in the landmark case Caparo Industries plc v. Dickman.

Breach of Contract

A violation of any of the agreed-upon terms and conditions of a binding contract, such as established in Rocky Mountain IMC v. A&M*.

Liability

The state of being legally responsible for something, especially by law, as clarified in various tort law cases.

Consent

Permission for something to happen or agreement to do something, which can be seen in medical consent cases like Montgomery v. Lanarkshire Health Board.

Causation

The relationship between cause and effect, which must be established in tort cases like Barnett v. Chelsea & Kensington Hospital Management Committee.

Self-defense

The act of defending oneself from an imminent attack, relying on principles established in cases like R v. Smith.

Contributory Negligence

A legal concept where a plaintiff's own negligence contributed to their injury and may limit recovery, highlighted in Butterfield v. Forrester.

Medical Malpractice

A type of negligence where a healthcare professional fails to provide competent care, as seen in the case of Hoffman v. Board of Education.

Reasonable Care

The level of care that a reasonable person would exercise in similar circumstances, as illustrated in cases like Bolam v. Friern Hospital Management Committee.

Remedies

Legal means of enforcing a right or redressing a wrong, discussed in the context of cases like Hadley v. Baxendale.

Statutory Authority

A public authority or agency created by statute to carry out specific laws, illustrated by R v. SoS for the Home Department.

Voluntary Assumption of Risk

A doctrine that a person can accept the risks associated with an activity, as seen in Murphy v. Steeplechase Amusement Co..

Informed Consent

A process for obtaining permission before conducting a healthcare intervention, highlighted in Sullivan v. Smith.

Defences

Legal reasons that can justify an action or excuse someone from liability, as outlined in various negligence defenses.

Underlying Condition

Pre-existing health issues that may affect medical treatment outcomes, relevant in malpractice cases like McLain v. McNamara.

Foreign Objects

Items inadvertently left in a patient’s body after surgery, which can lead to negligence claims, as discussed in cases like Stinson v. Kirk.

Material Risk

A risk that a reasonable patient would consider significant when deciding on treatment, illustrated in Pearson v. Lightning.

Vicarious Liability

A principle holding employers responsible for the negligent actions of their employees during work, as established in Respondeat Superior.

Tort

A civil wrong that causes harm or loss to individuals, which can lead to legal liability, exemplified in Donoghue v. Stevenson.

Standard of Care

The level of care that one must exercise to prevent harm to others, reflected in cases like Bolam v. Friern Hospital Management Committee.

Assumption of Risk

A defense that bars recovery for injuries if the plaintiff voluntarily accepted the known risks, seen in Murphy v. Steeplechase Amusement Co..

Negligent Infliction of Emotional Distress

A tort claim arising when negligent actions lead to severe emotional distress, as outlined in Dillon v. Legg.

Duty to Rescue

An obligation to assist those in peril, which varies by jurisdiction, illustrated in case law like Vanderbilt v. New York City.

Informed Consent Process

The process through which a patient understands and consents to a medical treatment or procedure proposed by a healthcare provider.

Breach of Duty

The failure to meet the standard of care that a reasonable person would exercise in a similar situation, highlighted in cases like Palsgraf v. Long Island Railway Co..

Causation in Tort Law

The necessity to establish that the defendant's breach of duty directly caused the plaintiff's injury, emphasized in Kimberly v. Hurd.

Statute of Limitations

The maximum time allowed after an event within which legal proceedings may be initiated, as determined in various civil cases.

Punitive Damages

Damages awarded in excess of compensation to punish the defendant for egregious wrongdoing, evident in BMW of North America, Inc. v. Gore.

Assumption of Duty

A situation where a person voluntarily undertakes a duty of care, potentially leading to liability, as seen in Doe v. Taylor Independent School District.

Negligent Misrepresentation

A false statement made carelessly that leads another to rely on it, causing them harm, highlighted in Hedley Byrne & Co Ltd v. Heller & Partners Ltd.

Duty of Loyalty

An obligation for an individual to act in the best interest of another party, typically seen in fiduciary relationships and clarified in Meinhard v. Salmon.

Scope of Employment

The range of activities that an employee is reasonably expected to undertake as part of their job, defined in Respondeat Superior cases.

Legal Capacity

The ability to enter into a contract or take legal actions, generally determined by age and mental competence, illustrated in Minor v. Swope.

Baker v. Lawrie

In this case, damages for battery included compensation for emotional stress caused by the defendant’s actions.

State v. Cummings

A case that exemplified statutory battery, illustrating the legal definition and its enforcement.