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Flashcards in Risk Management Deck (22)
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1
Q

What is “Failure to act as reasonably prudent professional would under similar situation”?

A

Negligence

2
Q

What are the 4 elements that trigger negligence?

A

Duty
Breach
Cause
Harm

3
Q

During negligence “Duty” is defined as?

A

Practices, duties, or job

4
Q

During negligence “Breach” is defined as?

A

Failure to meet ones duty.

5
Q

During negligence “Cause” is defined as?

A

Reason for the event in question.

6
Q

During negligence “Harm” is defined as?

A

Injury occurring from negligence.

7
Q

What are the 5 acts of negligence?

A
Omission
Commission
Nonfeasance
Misfeasance
Malfeasance
8
Q

What is “Omission”?

A

Not acting when required.

9
Q

What is “Commission”?

A

Acting when should not have.

10
Q

What is “Nonfeasance”?

A

Not doing what should have been done.

11
Q

What is “Misfeasance”?

A

Acting inside legal boundaries in an incorrect fashion.

12
Q

What is “Malfeasance”?

A

Acting outside legal boundaries.

13
Q

What is “Sovereign Immunity”?

A

Government can not commit a legal wrong and cannot be sued without consent.

14
Q

What is “Sovereign Immunity” aka?

A

Governmental Immunity

15
Q

What is “Expressed Warranty”?

A

Agreement that seller must repair or replace faulty product.

16
Q

What is “Implied Warranty”?

A

Product guaranteed to work as claimed.

17
Q

What type of negligence occurs when the plaintiff actions add to the injury?

A

Comparative negligence

18
Q

What is a “Plaintiff”?

A

A person who brings a case against another person in court.

19
Q

A doctrine of common law that if a person was injured in part due to his/her own negligence?

A

Contributory negligence

20
Q

What is JCAHO?

A

Joint Commission Accreditation of Healthcare Organization

21
Q

What federal act is infringed when a co worker makes an unwelcome sexual advance?

A

Title VII(7) of the Civil Rights Act

22
Q

What negligent tort occurs when a person fails to perform his or her legal duty?

A

Nonfeasance