Medical Law Lecture Review

These flashcards cover key concepts from the lecture on Medical Law, designed to help students review important legal principles and case law relevant to the medical field.

What is the primary function of laws in society?

To govern conduct and protect the health, safety, and welfare of citizens.

What landmark case established the patient’s right to determine what happens to their own body?

Schloendorf v. Society of New York Hospital (1914).

What does the doctrine of res ipsa loquitur imply in medical negligence claims?

The principle that the occurrence of an accident implies negligence.

What are the four elements necessary to establish negligence?

Duty, breach of duty, causation, and damage.

What is the main purpose of informed consent?

To ensure that patients can make informed decisions about their care.

What is the significance of the Health Insurance Portability and Accountability Act (HIPAA)?

It mandates the privacy and confidentiality of patient health information.

What distinguishes a felony from a misdemeanor?

A felony is a serious crime punishable by imprisonment, while a misdemeanor is a less serious crime typically punished by a fine or less than one year in jail.

Define malpractice in the context of legal action.

Malpractice is professional negligence that occurs when a healthcare provider fails to provide the standard of care expected in their profession.

What is false imprisonment in a healthcare setting?

When a person is restrained or believes they are being restrained against their will.

What is meant by the term tort?

A civil wrongdoing that causes harm or loss, other than a breach of contract.