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3/6 pt ch 3 part 2
civil law and torts
Question | Answer |
---|---|
what is a civil law | wrongs against another citizen not necessarily against local state or federal law |
derived fron english common law | civil laws |
can you possible face both civil and criminal proceeding for the same act | yes |
what is a tort | refers to personal injuries |
do goverments(local state federal) take part in these lawsuits | no |
examples of torts | broken contracts negligence malpractice slander |
what is the most common tort | negligence in medicine |
what is malpractice | a form of negligence in which the standard of care is not met |
what are the two criteria pertaining standard of care | level of training of health care provider normal practice for the area |
who has the burden of proof in negligence and malpractice suits | the plaintiff |
what are the 4 d's the plaintiff must prove | duty(to provide care)dereliction(was derelict in this duty)damages(dereliction cause real harm) direct cause(harm was directly caused) |
burden of prood is lower for torts than | for criminal cases(preponderance of the evidence) |
pharmacies pharmacists and sometimes pharmacy tech should carry what to proteck assets | liability insurance |