Health Law Chapter 8 – Flashcards

Are the written statements of fact and law filed with a court by the parties to a lawsuit. Generally include such papers as a complaint, demurrer, answer, and bill of particulars.

If only questions of law are at issue, the judge will decide the case based on the

the first pleading filed with the court is a complaint, which identifies the parties to a suit, the cause of action, and the demand for damages.

Once a defendant receives a copy of the complaint , the defendant can file a __________ _________ before submitting an answer, or response, to the complaint

A formal objection to the lawsuit is called a __________, and it holds that the evidence presented by the plaintiff is insufficient to sustain an issue or case.

The defendant can file a _______________ if he or she has a claim against the plaintiff.

Before the trial, facts are investigated in a process called __________ . Helps to prevent surprises during trial.

is part of the discovery process that allows for witnesses to be examined prior to trial.

Communications between client and attorney are protected under

can be made before, during, or after the trial.

If either party to a suit believes that there are no issues of fact in contention, only issues of law, they may make a motion for a ____________ ____________, in which the court is asked to rule without a trial.

presides over court proceedings and decides questions of law.

reviews the facts of a case offered by opposing counsels and makes an impartial decision as to the guilt of the defendant(s).

is a legal order requiring a person to appear in court.

("the thing speaks for itself" or "circumstances speak for themselves") is the legal doctrine that shifts the burden of proof in a negligence case from the plaintiff to the defendant.

prescribes that well-known facts need not be proven (e.g., fractures require prompt attention).

Types of evidence

is proof offered through direct testimony.

is proof furnished by things themselves.

is written information capable of making a truthful statement (e.g., drug manufacturer inserts, autopsy reports, birth certificates, and medical records).

is based on what another has said or done and is not the result of the personal knowledge of the witness.

Types of defenses (10)

is knowing that a danger exists and voluntarily accepting the risk by exposing oneself to it, aware that harm might occur.

occurs when a person does not exercise reasonable care for his or her own safety.

provides that the degree of negligence or carelessness of each party to a law-suit must be established by the finder of fact and that each party then is responsible for his or her proportional share of any damages awarded.

which relieve physicians, nurses, dentists, and other healthcare professionals and, in some instances, laypersons from liability in certain emergency situations.

is a special application of the doctrine of respondeat superior and applies when an employer lends an employee to another for a particular employment.

Historically, under this doctrine, the surgeon was viewed as being the one in command in the operating room.

refers to legislatively imposed time constraints that restrict the period after the occurrence of an injury during which a legal action must be commenced.

is a legal doctrine by which federal and state governments historically have been immune from liability for harm suffered from the tortious conduct of government employees.

The various states provide that government employees can be held liable for their tortious acts.

arises when the act of a third party, independent of the defendant's original negligent conduct, is the proximate cause of a patient's injury.

Types of damages

are awarded as a mere token in recognition that a wrong has been committed when the actual amount of compensation is insignificant.

are estimated reparation in money for detriment or injury sustained (including loss of earnings, medical costs, and loss of financial support).

are those damages awarded to compensate an individual for the loss of enjoyment of life. Such damages are awarded because of the failure of compensatory damages to compensate an individual adequately for the pain and suffering that he or she has endured as a result of a negligent wrong.

are additional money awards authorized when an injury is caused by gross carelessness or disregard for the safety of others.