AHS 321 Final Exam | Questions and Answers Tort A civil wrong committed by one individual against another. May be classified as either intentional or unintentional. When it is classified as a criminal wrong (assault, battery, false imprisonment), the wrongdoer can be held liable in a criminal and...
Tort
A civil wrong committed by one individual against another. May be classified as either
intentional or unintentional. When it is classified as a criminal wrong (assault, battery,
false imprisonment), the wrongdoer can be held liable in a criminal and/or civil action
Negligence
Omission or commission of an act that a reasonably prudent person would or would not
do under given circumstances. It is a form of heedlessness or carelessness that
constitutes a departure from the standard of care generally imposed on members of a
society
Three types of negligent acts
malfeasance, misfeasance, nonfeasance
Malpractice
Professional misconduct, improper discharge of professional duties, or failure to meet
the standard of care of a professional that results in harm to another; the negligence or
carelessness of a professional person such as a nurse, pharmacist, physician, or
accountant
Intentional tort
an intentional act that causes harm to another
Assault
an intentional act that is designed to make the victim fearful and produces reasonable
apprehension of harm
Battery
intentional touching of one person by another without the consent of the person being
touched
False imprisonment
the unlawful restraint of an individual's personal liberty or the unlawful restraint or
confinement of an individual
Defamation of character
injury of a person's reputation or character caused by the false statements of another
made to a third person. Includes both libel and slander
Invasion of privacy
, a wrong that invades the right of a person to personal privacy. Disregard for a patient's
right to privacy is legally actionable, particularly when patients are unable to protect
themselves adequately because of unconsciousness or immobility.
Infliction of mental distress
conduct that is so outrageous that is goes beyond the bounds tolerated by a decent
society
Three elements of a contract
offer/communication, consideration, acceptance
Good Samaritan laws
laws designed to protect those who stop to render aid in an emergency. These laws
generally provide immunity for specified persons from a civil suit arising out of care
rendered at the scene of an emergency, provided that the one rendering assistance has
not done so in a grossly negligent manner
Office of government ethics (OGE)
an agency within the executive branch of government whose mission and goals is to
foster high ethical standards for employees in the executive branch of government
Committee on ethics (house of representatives)
designated the "supervising ethics office" for the house of reps, only standing committee
of the HOR with membership divided evenly by party
-common ethical issues: gifts from outside sources, between employees, conflicting
financial interests, remedies for financial conflicts, impartiality in performing official
duties, seeking other employment, misuse of position
US judicial code of conduct
provides guidance for judges on issues of
-judicial integrity and independence
-judicial diligence and impartiality
-permissible extrajudicial activities
-avoidance of impropriety or even its appearance
Public policy
the principle of law that holds that no one can lawfully do that which tends to be
injurious to the public or against the public good
Sources of public policy
legislation; administrative rules, regulations, decisions; judicial decisions
Fourteenth amendment
states cannot deny any person equal protection of law, shall not make or enforce any
law which shall abridge privileges or immunities of citizens, shall not deprive any person
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