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

had that reasonable person been in
the defendant’s position. For
physicians, this is a reasonable
physician familiar with the standards
of practice that would apply to the
defendant physician.
Rebuttal Answering the allegations of an
adverse party in a legal proceeding.
If a charge is not rebutted, the court
must accept it as true.
Regulation A standard published by a
governmental administrative agency
under legal authority delegated to it
by the legislature. Regulations have
the force of law in both civil and
criminal proceedings. Much of
medical practice is governed by
regulations rather than by statutes.
Regulatory Agency An executive branch department such
as the FDA or HCFA that enforces
legislation regulating an act or
activity in a particular area.
Reliance The legal requirement that persons
making claims based on
representations made to them prove
that they actually relied on the
representations. In cases alleging
failure of informed consent, patients
must show that they relied on the
physician’s representations, for
example, that they would not have
undergone the treatment had they
been given correct information.
Remand When an appellate court reverses the
decision of a lower court and sends
the case back to the lower court for
retrial or other action in accordance
with the appellate court’s ruling in
the case.
Remedies The means by which a court will
enforce a party’s rights or redress a
wrong. These include payment of
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