Legal Terms

Negligence Failure to give care that is normally expected of a person in a particular position, resulting in injury to another person

Torts wrongful acts that do not involve contracts

Malpractice failure of a professional to use the degree of skill expected in that profession that results in injury, loss or damage to the person receiving care

Defamation False statements cause the persons reputation to be damaged

Fals e Imprisonment restraining an individual from their freedom

Assault threat or attempt to injure

Battery unlawful touching of another person

Informed Consent permission granted voluntarily by a person who is of a sound mind for a procedure after all risk have been explained

Living Will legal document that allows individuals to state the medical treatment they do or do not want

Durable Power of Attorney (POA) permits an individual to appoint another person to make decisions regarding health care

Patients Bill of Rights Policies or factors of care that patients can expect to receive

HIPAA Federal protection of patients healthcare information Health Insurance Portability Accountability Act

Civil Law focuses on legal relationships between people

Criminal Law focuses on wrongs against person, property, or society

Legal Disability someone who has a legal disability but does not have legal capacity to form a contract All parties entering a contract must be free of a legal disability Examples: minors, incompetent individuals, altered mental status, under the influence, semiconscious or unconscious

Implied Contracts obligations that are understood without verbally expressed terms