Medicolegal Concepts Exam 2

1. Both parties must agree that the attorney-client relationship does or will exist
2. the client must seek advice from that attorney in his or her capacity as a legal advisor
3. communication between the attorney and client must be identified to be confidential

Refers to a situation in which an employee is temporarily placed under the control of someone other than his or her primary employer. It may involve a situation in which an employee is carrying out the specific instructions of a physician. I.e., a nurse in an operating room.

A doctrine making the physician responsible for the negiligent acts of other professionals because he or she had the right to control and oversee the totatlity of care provided to the patient

The first pleading in an alleged negligence action, filed in a court by the plaintiff's attorney. It is the first statement of a case by the plaintiff against the defendant and states a cause of action, notifying the defendant as to the basis for the suit.

In a criminal case, the person accused of committing a crime. In a civil case, the party against whom the suit is brought, demanding that he or she pay the other party legal relief.

Proof offered through direct testimony

Written information capable of making a truthful statement

Consists of the facts proved or disproved during a lawsuit

Proof furnished by things themselves. The most trustworthy and preferred type of evidence.

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.

Rule of evidence restricting the admissibility of evidence tha tis not th epersonal knowledge of the witness.

Document the facts of the incident so that an internal investigation of that incident may be conducted.
1. describe the unexpected occurrence or incident
2. provide the foundation for an investigation of the occurrence or incident
3. provide information necessary for taking remedial or corrective action
4. provide data useful for identifying risks of future similar occurrences.

Individual that initiates a lawsuit to enforce his/her rights

"The thing speaks for itself" a doctrine of law applicable to cases in which the defendant had exlusive control over the thing that caused the harm and where the harm ordinarily could not have occurred without negligent conduct.

Federal and state governments historically have been immune from liability for harm suffered from the tortious conduct of employees. For the most part has been abolished.