ANSWERS LATEST UPDATE
Legislative Branch
passes law
Executive
Administers laws
Judicial
Interprets the laws
Criminal
Crimes committed against society individual or property. The government prosecutes
the defendant and if the defendant is found guilty, the result is imprisonment or fine.
Civil (tort and/or contract)
Concerns disputes or alleged wrongs committed against a individual or property by an
individual or organization. The individual or group prosecutes and if the defendant is
found guilty, the result is monetary compensation
Tort
an accidental or intentional wrongful act by someone against another person or against
property
Negligence
Form of tort most common, failure to perform professional duties prudently according to
the accepted standard of care.
Nonfeasance, Misfeasance, Malfeasance and Malpractice
Forms of Negligence
Nonfeasance
Failure to act when duty is indicated, results in injury to another
Misfeasance
improper performance of an act resulting in injury to another
malfeasance
Committing an improper or illegal act results in injury to another
Malpractice
Professional misconduct, lack of skill, wrongful practice, results in injury to another
, res ipsa loquitur (the thing speaks for itself)
Negligence is obvious, event could not have occurred without negligence
Respondeat Superior (let the master answer)
The provider may not be directly responsible but is responsible for negligence of the
employees
Four D's of malpractice
Duty, derelict, direct cause, damages
Duty
The provider and patient relationship was established
Dereliction
The provider neglected a professional obligation to act or acted improperly
Direct cause
Negative outcome is direct result from provider's actions or failure to act
Damages
A negative act resulted in the patient sustaining harm
Contract
A voluntary agreement between two parties that create an enforceable obligations and
rights.
Express Contract
An agreement between two parties that details the responsibility of both parties. Written
or Oral
The truth in Lending Act
Contract between provider of care and patient that scheduled payments will be made to
the provider by the patient
Medical Assistant employment
Contract includes employee and employer duties, changes in job responsibilities,
compensations, benefits, grievance procedures, terms of contract termination and other
special provisions
Implied contract
The most common between providers and patients; not written, the result of actions.
i.e.: Provider treats patient within the physicians scope of practice. Patient pays for