03.08.2013 Views

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

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

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

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

filing of all official documents. In<br />

the United States (outside of<br />

Louisiana) a notary, or notary public,<br />

is a public officer, usually bonded,<br />

who may attest to the signing of<br />

legal documents. In most states the<br />

notary must affix a seal or stamp to<br />

the document <strong>and</strong> must keep a record<br />

book of all witnessed documents.<br />

Since the notary only attests that he<br />

or she saw the document signed, not<br />

the content of the document,<br />

notarization adds little but pomp to a<br />

legal document.<br />

Notice Knowledge of the existence of a fact<br />

by a party such that they can be held<br />

accountable for any ramifications<br />

resulting from the receipt of that<br />

knowledge. Notice may be either<br />

actual or constructive. If a hospital<br />

administrator knows that a physician<br />

has a drinking problem, the hospital<br />

has actual notice that the physician is<br />

impaired even if the medical staff<br />

committee never disciplines the<br />

physician. The hospital will then be<br />

liable for negligent continuation of<br />

medical staff privileges. If the<br />

National Practitioner Data Bank of<br />

the Department of <strong>Health</strong> <strong>and</strong> Human<br />

Services contains the information<br />

that the physician is an alcoholic, the<br />

hospital is charged with knowledge<br />

of this information even if it never<br />

checks the database. This is<br />

constructive notice.<br />

Nuncupative Will Oral statement intended as a last will<br />

made in anticipation of death.<br />

OIG The Office of the Inspector General.<br />

While most federal agencies have an<br />

OIG, in health care this usually<br />

refers to the OIG of the Department<br />

of <strong>Health</strong> <strong>and</strong> Human Services.<br />

720

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!