Court Systems

Sources of Law:
1) Constitution – 14th amendment (Due Process)
2) Statutes – Legislature ( Uniformed act is a proposed law – Statute)
3) Case Law - Court Case – Stare Decises “Let the decision stand.” (Precedent)
4) Rules and regulations of Administrative agencies
- CMS, FDA, OSHA, FCC

Hospital Organizations:
1) Government – VA
2) Sole Proprietorship – Full Liability
3) Partnership- limited liability
4) Limited Liability Corporation – Secretary of State
5) Corporation –Non for Profit – Hospitals (insured)\
6) Corporation – For Profit – HCA, Shareholders
Tax Corner
“Ultra Vires” = Latin for “beyond powers.” Ex: Flower shop in the hospital.
Torts = Personal Wrongs
4 Elements of Negligence:
1) Duty of a RPM ( Reasonable Prudent Man) Standard of Care
2) Breach – Violation of a Duty – Commission, Omission.
3) Proximate Cause – Forseenability
4) Damage/Injury = $
Defenses of negligence:
1) AOR- Assumption of Risk
2) Contributory
3) Comparative fault
4) SOL – Statutes of Limitation- Medical Malpractice
Intentional Torts
1) Assault
2) Battery
3) Conversion
4) Defamation
a. Libel – Written
b. Slander – Voiced

*Malice is a defense mechanism against intentional torts
“Resipsa Loquitor” (The thing speaks for itself)
1) No facts
2) No contributory negligence
3) Instrumentality Exclusive Control
4) “But For” test

Vicarious Liability
Respondeat Superior – “Latin for “Let the Master Answer.” Who has the rights to contain the time and manner in which a job will be done.
A master-servant relationship- Servant falls under the master; usually, not used in hospitals.

Liability of another generally Liability except
Employee “Within a scope of employment”
Yes NO
Independent Contractor No Yes

Causation – What caused it?

Estoppel and Apparent of Ostensible-

People come into emergency