Glossary

is a doctrine in US law whereby an act is considered negligent because it violates a statute. The doctrine is effectively a form of strict liability. Negligence per se means greater liability than contributory negligence.

is a Latin phrase that means "he who sues for the king as well as for himself." It is a legal term that refers to a type of lawsuit in which a private citizen brings a lawsuit on behalf of the government to prosecute fraud against the government.

a legal doctrine that doesn't require proof of breach

is a Latin phrase that literally means “let the master answer.” It is also a legal doctrine applicable in many civil claims throughout the United States. Under the legal doctrine, an employer can be held accountable for negligence or wrongdoing committed by their employee or agent.

refers to whether the act or omission was a necessary condition for the harm to occur. In other words, would the harm have happened anyway, even if the act or omission had not occurred?

A statement by one party (called the offeree) that he/she is prepared to be bound to the contractual position stated in an offer, the second essential element to the meeting of the minds of the contracting parties

having a similar relationship to something else

is a legal doctrine that deals with the authority of individuals or entities to act on behalf of another party based on the appearance or perception of authority, rather than actual or express authority.

an intentional act that puts another person in reasonable apprehension of imminent harmful or offensive contact. No physical contact or injury is required

any hiring is presumed to be 'at will'; that is, the employer is free to discharge individuals 'for good cause, or bad cause, or no cause at all,' and the employee is equally free to quit, strike, or otherwise cease work.

Id. at 173.

is the harmful touching of someone without their consent or unlawful physical restraint, which may lead to false imprisonment

is a workplace environment that fosters transparency, open communication, and a focus on learning from mistakes rather than assigning blame to individuals or teams.

Failure to take reasonable care

denotes a person's ability to satisfy the elements required for someone to enter binding contracts. For example, capacity rules often require a person to have reached a minimum age and to be of sound mind.

the relationship between an act or omission resulting in harm

is a written document that informs an employer and employees of the regulations that were violated and imposes a time limit to correct the hazards.

is a safety and health professional employed by OSHA who enforces regulations.

Confidentiality refers to personal information shared with an attorney, physician, therapist, or other individual that generally cannot be divulged to third parties without the expressed consent of the client.

damages that are not directly caused by the defendant's actions, but are a result of those actions

Requires that each party to a contract give up something of value in exchange for something of value.

When a party copies all or a substantial amount of a copyrighted work without the owner's permission.

A counteroffer not only rejects the original offer but also creates a new offer.

“Covered Entity,” which includes any health insurance plan, billing company/healthcare clearinghouse, or healthcare provider that collects or transmits electronically any “protected health information” or PHI, which is the second important category.

refers to choosing patients for some characteristic(s) other than their need for care, which enhances the profitability or reputation of the provider.

Legal matters associated with the internet, computers, and software, particularly as relating to business

a sum of money awarded by a court to a person who has been injured or harmed by the wrongful act of another person

is the use of unlawful threats or pressure to force an individual to act against their will.

Any act performed under duress is not legally binding.

A specific legal obligation to not harm others or their property.

The Emergency Medical Treatment and Active Labor Act (EMTALA) is a federal law enacted by the United States Congress in 1986 as part of the Consolidated Omnibus Budget Reconciliation Act. Hospitals are required to provide this screening and treatment in a non-discriminatory manner, meaning they cannot turn away patients based on their ability to pay or any other discriminatory factor.

is an agency of the federal government responsible for preventing, controlling, and abating pollution of outdoor air and water due to solid waste, pesticides, radiation, and toxic substances.

refraining from drawing conclusions or skepticism

The significance of ethical behavior is the desire to be seen behaving in an ethical fashion and the recognition that members of the community owe a duty to society are important factors in shaping decisions.

Asks the question how one should act based upon a group-derived definition of right and wrong.

is the reasonable belief that a party to a contract will perform their obligations under the contract

Damages awarded when a party breaches a contract that are intended to put the injured party in as good of a position as if the breaching party fully performed its contractual duties.

An exposure pathway is the manner in which an individual comes into contact with a hazard.

unjustified restraint of a person

Was the harm a reasonably foreseeable consequence of DF acts? Foreseeability at this stage is “foreseeability of the plaintiff as a victim” as opposed to foresee-ability of the injury itself which is dealt with in remoteness

Contract fraud occurs when at least one party in a contract knowingly misrepresents a material fact contained in the contract and intends that the other party rely on that misrepresentation.

is a condition or act that may result in personal injury, damage to equipment, or harm to the environment.

The degree to which individuals have the capacity to obtain, process, and understand basic health information needed to make appropriate health decisions. Low health literacy is more prevalent among: Older adults.

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that required the creation of national standards to protect sensitive patient health information from being disclosed without the patient's consent or knowledge.

The Health Information Technology for Economic and Clinical Health (HITECH) Act, enacted as part of the American Recovery and Reinvestment Act of 2009, was signed into law on February 17, 2009, to promote the adoption and meaningful use of health information technology.

The HITECH Act encouraged healthcare providers to adopt electronic health records and improve privacy and security protections for healthcare data. This was achieved through financial incentives for adopting EHRs and increased penalties for violations of the HIPAA Privacy and Security Rules.

Consists of obligations arising from a mutual agreement and intent to promise where the agreement and promise have not been expressed in words. Such contracts are implied from facts and circumstances showing a mutual intent to contract, and may arise by the conduct of the parties. A contract implied in fact is a true contract.

Is a person, business, or corporation that provides goods or services under a written contract or a verbal agreement. Unlike employees, independent contractors do not work regularly for an employer but work as required, when they may be subject to law of agency.

is also a legal requirement, ensuring patients and research subjects the right to make informed decisions about their own bodies and health

a court order that requires a person to do or refrain from doing something

are court-enforced orders that require one party to do or refrain from doing something, and it can be either temporary or permanent.

A person acts with purpose when they intend to cause a particular result.

is a tort that occurs when someone intrudes upon another person's reasonable expectation of privacy.

as two or more persons jointly or severally liable in tort for the same injury to person or property, whether or not judgment has been recovered against all or some of them

is a learning culture that is constantly improving and oriented toward patient safety.

*The FCA defines “knowing" as not only actual knowledge but also acting in deliberate ignorance or reckless disregard of the truth or falsity of information, such as repeatedly ignoring government bulletins and transmittals regarding billing and coverage for services.​

As stipulated or after a reasonable time, an offer may be terminated. Lapse of time arises when one of the parties does not fulfill their promises under the contract within the expected time limit or contractual term.

is an involved warranty that an agreement or contract strictly follows the law of a particular jurisdiction.

to make something certain or definite.

In the context of contracts, liquidated damages are a sum of money that is agreed upon by the parties to a contract in advance to be paid in the event of a breach of contract.

are a sum of money that is agreed upon by the parties to a contract in advance to be paid in the event of a breach of contract

vary from state to state and involves reporting suspected cases of abuse

A term used to define minimum U.S. government standards for electronic health records (EHR), outlining how clinical patient data should be exchanged between healthcare providers, between providers and insurers and between providers and patients.

defines the requirements for the practice of medicine within their borders and gives authority to a medical board to enforce the act’s provisions.

when a medical professional deviates from the standard of care, thereby causing injury to a patient

is an invasion of a person’s peace of mind by insults or other indignities or by outrageous conduct

Occurs if one discloses a trade secret or uses a trade secret where the trade secret was obtained improperly.

is a mistaken belief that certain facts are true. Both parties must have made the mistake.

In medical billing, this modifier is added to the E/M visit to indicate that there was a separately identifiable E/M on the same day of a procedure

If the offer is accepted by the offeree, and all things are legal, there is a mutual agreement. This agreement is called mutual assent, meaning two parties agreed upon the same thing and are prepared to enter into a contract.

National Quality Forum, Serious Reportable Events In Healthcare—2011 Update: A Consensus Report (2011), available at https://‌www.‌quality‌forum.‌org/‌Work‌Area/‌linkit.‌aspx?‌Link‌Identifier=‌id&‌Item‌ID=‌6‌9‌5‌7‌3.

when a physician does not follow customary treatment guidelines, the liability of the physician is determined by applying negligence

is a doctrine in US law whereby an act is considered negligent because it violates a statute. The doctrine is effectively a form of strict liability. Negligence per se means greater liability than contributory negligence.

A statement made by an offeror that he/she is prepared to be bound to a contractual position; the first essential element to the meeting of the minds of the contracting parties

the shared values that have been reflected on and articulated by the members of an organization and have been accepted as the normative for culture.

Personal protective equipment (PPE) is clothing and/or equipment worn or used by an employee to reduce the possibility of injury, illness, or disease caused by work activities or the work environment.

PHI is defined as any identifying information, whether oral or recorded that is created or received by a health care provider, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse and which relates to past, present or future physical or mental health of individual, or past, present, or future payment for health care services, that might identify the patient, including medical history, clinical findings, test results, prior procedures, insurance coverage, and demographic data.

privacy refers to the freedom from intrusion into one's personal matters, and personal information.

Making sure the provider has the appropriate training and experience to meet the minimum requirements and all authorizations to carry out requested procedures at a specific facility.

is a condition or stipulation that is attached to something, such as a contract, agreement, or law. It is a statement that must be met before the main provision of the document can take effect.

refers to whether the act or omission was a foreseeable consequence of the harm. In other words, was the harm a reasonably likely result of the act or omission?

Were the two parties closely enough related that it would be appropriate to engage duty of care – does there exist a relationship such that there is a proximate connection?

Latin for "as much as he has deserved." An equitable remedy that provides restitution for unjust enrichment. Damages awarded in an amount considered reasonable to compensate a person who has provided services in a quasi-contractual relationship. See Quasi contract (or quasi-contract).

A claim in quantum meruit is usually an action to recover the reasonable value of services rendered by one party to another.

Ransomware is a form of malware designed to encrypt files on a device, rendering any files and the systems that rely on them unusable. Malicious actors then demand ransom in exchange for decryption.

in the context of healthcare credentialing refers to the process by which a healthcare professional's credentials and qualifications obtained in one state or jurisdiction are recognized and accepted in another.

The termination of an offer’s effectiveness by the offeree’s statement or conduct that is inconsistent with the offer’s terms

the act of relying on the words or actions of another person

In contract law, it is used to determine whether or not a contract is enforceable

Damages awarded for losses suffered in reasonable reliance on a promise. Reliance damages are calculated by asking what it would take to restore the injured party to the economic position occupied before the party acted in reasonable reliance on the promise. Reliance damages may be awarded after a breach of contract or by way of promissory estoppel.

is a legal means of enforcing a right or compensating for a wrong

is a violation that breaches any standard, regulation, rule, or order where, upon reinspection, a substantially similar violation is found.

s a remedy that allows a person to cancel a contract and return the parties to their original positions

the act of restoring something to its original state

The termination of an offer’s effectiveness by the offeror’s statement that the offer is no longer available for acceptance

a mental state in which one has knowledge (deliberately) that one’s action is wrong, deceptive, or illegal; often used as a standard of guilt.

describes the services that a qualified health professional is deemed competent to perform, and permitted to undertake – in keeping with the terms of their professional license.

is your ability to perceive and understand the things that make you who you are as an individual, including your personality, actions, values, beliefs, emotions, and thoughts.

is a violation where there is a substantial probability that death or serious physical harm could result.

is an equitable remedy that requires a party to a contract to perform their obligations under the contract

liability which does not depend on actual negligence or intent to harm

is a way of making sense of the complexity of the world by looking at it in terms of wholes and relationships rather than by splitting it down into its parts.

When a therapist determines, or pursuant to the standards of his profession, should determine, that his patient presents a serious danger of violence to another, he incurs an obligation to use reasonable care to protect the intended victim against such danger.

Such events include the death or adjudicated insanity of either party, the destruction of the subject matter of the offer, or illegality that occurs after the offer is made.

is an agency under the secretary of the Department of Health and Human Services that is responsible for food, drug, medical devices, and cosmetic safety.

is a person or entity that commits a tort

A legal cause of action occurring when someone uses the trademark of the rightful trademark owner without permission in the sale of goods and services in a manner in which there is likely to be confusion in the mind of the consumer as to the true source of the goods or service.

is a legal term that refers to a type of monetary award in which the plaintiff is awarded three times the amount of actual damages that they suffered. Treble damages awards are typically awarded in cases of fraud or intentional wrongdoing.

are social stereotypes about certain groups of people that individuals form outside their own conscious awareness. Everyone holds unconscious beliefs about various social and identity groups, and these biases stem from one's tendency to organize social worlds by categorizing.

159 F.2d 169 (2nd Cir 1947).

Unjust enrichment occurs when Party A confers a benefit upon Party B without Party A receiving the proper restitution required by law. This typically occurs in a contractual agreement when Party A fulfills his/her part of the agreement and Party B does not fulfill his/her part of the agreement.

Unjust Enrichment is distinguished from a gift, as a gift is given without the reasonable expectation of receiving something in return. As such, when Party A gives Party B a gift, Party A has no legal recourse to receive something in return.

is a violation that is committed intentionally and knowingly

is a government-mandated program that provides benefits to workers who become injured or disabled while performing their job duties