#3: Legal Principles

arbitration    (ahr bi TRAE shuhn)

The process in which conflicting parties in a dispute submit their differences to a court-appointed person (arbitrator), who submits a legally binding decision.

common law    

Unwritten laws that come from judicial decisions based on societal traditions and customs.

damages   

 A monetary settlement the defendant pays the plaintiff in a civil case for loss or injury. Also, one of the 4 Ds of negligence, meaning the patient suffers a legally recognized injury.

declaratory judgment  

  A court judgment that defines the legal rights of the parties involved.

defendant   

 (dih FEN dant)An individual or a business against whom a lawsuit is filed.

defense    (di FENS)

A strategy used by the defendant to avoid liability in a lawsuit.

deposition    (dep ah ZISH uhn)

A sworn testimony made before a court-appointed officer; it is used in the discovery process and may be used in the trial.

emancipated minor    (i MANS i pa ted MIE nohr)

A minor who has been granted emancipation by the court; the minor can assume the rights and responsibilities of adulthood.

expert witnesses  

  People who are educated and knowledgeable in the area of concern; they testify in court and provide an expert opinion on the topic of concern.

fact witnesses

   People who observed the situation and testified in court about the facts of the case.

incompetence    (in KOM pi tahns)

The state of being incompetent or lacking the ability to manage personal affairs due to mental deficiency; an appointed guardian or conservator manages the person’s affairs.

injunction    (in JUNGK shuhn)

A court order by which an individual or institution is required to perform or refrain from performing a certain act.

interrogatory    (IN tah rog ah TOOR ee)

Written or oral questions that must be answered under oath.

liability    (LIE ah bil i tee)

The state of being liable or responsible for something.

liable   

 Legally responsible or obligated.

licensure    (LIE sen shur)

A mandatory process established by state law that ensures a person has met the legal standards for practicing an occupation in that state.

litigious    (LI ti jehs)

Prone to lawsuits.

locum tenens    (LOE kuhm TEE nenz)

Latin for “to substitute for”; the term refers to physicians or advanced practice professionals who temporarily contract to provide healthcare services when a facility has a vacancy, vacation, or a leave of absence.

malpractice    (mal PRAK tis)

A type of negligence in which a licensed professional fails to provide the standard of care, causing harm to a person.

mature minor   

 A person under the age of adulthood who demonstrates the maturity to make a personal healthcare decision and can give informed consent for treatment.

mediation    (MEE dee ae shuhn)

The process of facilitating conflicting parties to make an agreement, settlement, or compromise.

minor   

 One who has not reached adulthood; usually age 18 or 21, depending on the jurisdiction.

negligence    (NEG li juhns)

Failure to act as a reasonably prudent person would under similar circumstances; such conduct falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm.

patient abandonment   

 A form of medical malpractice, also called negligent termination; the provider ends the provider-patient relationship without reasonable or adequate notification.

plaintiff    (PLAIN tif)

An individual or a party who brings a lawsuit to court.

precedent    (PRES I dent)

A prior court decision that serves as a model for similar legal cases in the future.

res ipsa loquitur    (RASE ipsah low kwah tuhr)

A Latin term meaning “the thing speaks for itself.” A legal concept under which the plaintiff’s burden to prove malpractice is minimal since the jury can clearly understand the details of the injury. For example, a surgical instrument was left in the body during surgery.

res judicata    (RASE JOO di kah tah.

)Latin for “a thing decided.” Once a case has been decided by the court, it cannot be litigated again

respondeat superior    (re SPON dee at soo PIR ee ahr)

Latin for “let the master answer”; a legal doctrine by which the employer/provider is legally responsible for the wrongful actions or lack of actions of employees if done within the scope of employment.

scope of practice  

  Range of responsibilities and practice guidelines that determine the boundaries within which a healthcare worker practices.

sentence  

  A penalty imposed by a court of law or other authority when a person is found guilty of a crime or other offense.

subpoena    (suh PEE nuh)

A court order requiring a person to appear in court at a specific time to testify in a legal case.

subpoena duces tecum    (suh PEE nuh DOO seez TEE kuhm)

A legal document commanding a person to bring a piece of evidence (e.g., the plaintif’’s health record) to court.

telemedicine    (TEL i med i sin)

The use of telecommunication technology to provide healthcare services to patients at a distance; it is usually used in rural communities.

tort   

 A civil wrongdoing that causes harm to a person or property, excludes breach of contract.

tortfeasor    (TORTE fee zahr)T

he individual or entity who committed the tort, either intentionally or as a result of negligence.