with Solutions Q&A 100% Guaranteed
Pass
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.
1|Page
©JOSHCLAY 2025/2026. YEAR PUBLISHED 2025.
,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
2|Page
©JOSHCLAY 2025/2026. YEAR PUBLISHED 2025.
, 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 provided services
An unconscious patient is treated in the emergency room.
Quid pro quo - ✔✔something given in exchange or return for something else
(service is rendered for payment)
3|Page
©JOSHCLAY 2025/2026. YEAR PUBLISHED 2025.