Law & Latin questions Step II Comlex & Usmle?

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MBigD011

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Does anyone have a good resource for brushing up on the random law / latin phrases these tests, especilly comlex love to ask?

DIT only really covers "res ipsa loquitor"

Any help would be appreciated

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Here's a list of medical-legal terms I have, but it's probably overkill. I take no responsibility for the content, it's copy-pasted from a glossary we got during our medical jurisprudence course in MS2.

• Abandonment – The unilateral, unlawful termination of the physician-patient relationship by the physician.
• Affidavit – A written statement sworn to before a person who is officially permitted by law to administer an oath.
• Agency – Relationship in which one person acts on behalf of another with the authority of the latter. The acts of the agent will be binding on the principal.
• Answer – The first pleading in a lawsuit in which the defendant responds to the plaintiff's complaint
• Appeal – The process of asking a higher court to review the record of the trial court to see whether a reversible error has been committed.
• Battery – Any intentional or wrongful physical contact with a person without consent. In medicine, a battery occurs when there is no consent or when the consent is exceeded or fraudulently obtained.
• "Borrowed Servant" – A legal doctrine referring to an employee who, while employed by one party, may be loaned to another in such a manner that the borrowing employer becomes responsible for the actions of the employee.
• Breach – The breaking of a law, obligation or duty.
• Burden of proof – The legal duty of a party in a lawsuit to substantiate an allegation. In criminal cases, the prosecution has the burden of proving guilt beyond a reasonable doubt. In civil cases, the usual burden is by a preponderance of the evidence.
• "Captain of the Ship" – The legal doctrine that in the course of an operation in the operating room of a hospital, and until the surgeon leaves at the conclusion of the operation, he/she is in complete charge of those who are present and assisting, as is the captain of a ship over all on board.
• Case law – Law developed by courts, instead of legislation, based on case precedent. Also known as common law.
• Complaint – The first pleading filed to begin a lawsuit. In it, the plaintiff summarizes the facts and law on which the suit is based and requests relief usually in the form of money.
• Contract – A legally enforceable agreement between two or more persons to do or forbear from doing a specific thing.
• Contributory Negligence – An affirmative defense that may be raised by a defendant when the patient has caused or contributed to his own injury.
• Damages – A sum of money that the court awards to a person who has suffered a loss or injury, to be paid by the person who caused the loss or injury ( or by his or her insurer).
• Due care – proper care, as far as the circumstances allow or the absence of negligence.
• Duty – An obligation imposed by common law, statute, codes of professional conduct or contract.
• Fiduciary – A position of trust; a person having a duty, created by his/her undertaking, to act primarily for the benefit of another in matters connected with the undertaking.
• Independent contractor – One who undertakes work for another while retaining control of the means, methods, and manner of producing the result.
• Informed Consent – Consent given after the patient has been provided with a description of the proposed procedure/treatment and the risks and alternatives that a reasonably prudent patient would require to make an informed decision as to whether to undergo the treatment or procedure.
• Invasion of privacy – A tort that includes the public disclosure of private facts about the plaintiff. Thus there may be liability when information, records or photographs of a patient's medical conditions are released without that person's consent.
• Joint and Several Liability – Each defendant is liable to the plaintiff for the entire amount of damage incurred.
• Liability – An obligation one is bound by law to perform or conditions making one responsible for any loss or damage that occurs.
• Libel – Defamation through writing, pictures, signs, or some other permanent physician form.
• Limitation on liability – A restriction provided by law on liability, such as dollar limits or immunity from liability in certain situations.
• Motion – Any application for a court order that can be made during any stage of the litigation process.
• Material Risk – A risk that a physician knows or ought to know would be significant to the patient in deciding whether or not to submit to a medical treatment or procedure.
• Privileged communication – Statements made by a patient to a physician in the course of medical treatment and diagnosis that the law protects from disclosure at trial. The patient, through his or her attorney, must assert the privilege by objecting to the question.
• Res Ipsa Loquitor – (Latin) "The thing speaks for itself." A presumption that an injury would not normally occur in the absence of negligence and when its cause was under the exclusive control of the defendant.
• Respondeat Superior – (Latin) "Let the master answer." A form of vicarious liability in which the employer is liable for the negligence of its employees for events that occur in the course of employment. Concurrently, the employee is not relieved of liability.
• Slander – A method of defamation employing oral expressions.
• Standard of Care – In malpractice, the duty to treat patients with the reasonable diligence, skill, competence, and prudence as is practiced by competent professionals in the same specialty.
• Statutory Law – Laws enacted by state or federal bodies as contrasted with common law.
• Strict liability – Liability without fault, e.g., product liability where strict liability is predicated on the dangerous nature of the product, not the defendant's conduct.
• Subpoena – A court order requiring a person to appear and testify in court.
• Summons – A writ, usually delivered by a sheriff, which informs a defendant that a suit has been filed against him or her and when and where he or she must appear or respond in order to avoid a judgment by default.
• Tort – A civil wrong, other than a breach of contract, for which the law provides a remedy.
 
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