Public Health Law Map - Beta 5 - Medical and Public Health Law Site

violate the medical practice acts of
many states when applied to a
physician’s office.
BOME Board of Medical Examiners.
Bona Fide In good faith; openly, honestly, or
innocently; without knowledge of
fraud; without fraudulent intent.
Borrowed Servant An employee temporarily under the
control of another. The temporary
employer of the borrowed servant
will be held responsible for the
negligent acts of the borrowed
servant. Hospital employees were
once considered to be the physician’s
borrowed employees for all medical
care. See Captain- of- the-Ship
Doctrine.
Breach of Contract Failing to comply with the terms of a
contract. A breach can occur through
failing to comply at all, through
incomplete compliance, or through
untimely compliance. A breach can
be excused if the court finds that
either the contract contained an
applicable exclusion, such as a
physician not being able to fulfill an
employment contract requiring a
medical license because he lost his
license, or that the contract was
breached because of the occurrence
of an event, such as an act of war,
beyond the control of the contracting
parties.
Briefs Written arguments on questions of
law or facts to assist the judge in
making a decision. May be filed by
the parties to the lawsuit or by
amicus curiae.
Captain-of-the- Ship
Doctrine
A legal doctrine holding a surgeon
liable for the acts of the entire
operating room personnel. This is an
old doctrine, predating physician
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