Law
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Malpractice suit must include
• duty • dereliction: were you average? • damage • direct causation Tried according to Common Law and Precedent
Standard of care
Doctor is accountable for average care • affected by advertising and specialization • obligated to diagnose, reasonable
Tort/Tort Feasance
• wrongful act - societal expectations
Criminal charges include:
• adjusting without permission is assault and battery • sexual misconduct • theft
Civil suits
• most common • personal damages and duress (emotional, financial, etc.) • malpractice • breech of contracts • tort
Give-away are often subject to
“Bait and switch” fraud tactics
What is the next step after suspecting child abuse
• mandatory reporters
All reports are _______
Anonymous
Parental consent is required if patient…
Is a minor
Guardian consent is required if:
Patient has/is Alzheimer’s, disabled, impaired
Informed consent includes
risks and options after ROF
Implied consent is assumed in
Accidents?
Statute of limitations
Period of time to file (7 years for adults) up to the age of 18 years for minors
1040 ES form
• used as a sole proprietor - used to estimate and pay taxes quarterly
Benefit assignment
• patient agrees to have insurance monies sent to doctors
State board of examiners/members
• selected by governor - protect citizens
Binding arbitration
No appeal process
Malfeasance
Wrong act
Res Ipsa Loquitur
“The things speaks for itself”
Vicarious liability
Doctor is responsible for employee’s actions
Direct examination
Questioning from the defense (doctor’s attorney)
Cross examination
Questioning from the plaintiff (patient’s attorney)
Comparative negligence
Doctor and patient share damage responsibility
Void Dire
• “to speak the truth” For prospective juror impartiality