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

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

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appropriateness.<br />

Vacate When a court sets aside a previously<br />

entered order or judgment.<br />

Verdict The formal declaration of the jury of<br />

its findings of fact.<br />

Vicarious Liability Liability for the actions of another.<br />

This is a special case of strict<br />

liability. Vicarious liability arises<br />

from a special legal relationship<br />

between the parties. This may be the<br />

employer–employee relationship,<br />

parent–child relationship, or<br />

relationships created by licensing<br />

<strong>and</strong> certification laws, such as the<br />

medical licensing laws. The<br />

borrowed-servant rule made<br />

physicians vicariously liable for the<br />

actions of nurses taking care of their<br />

patient, even though the nurses were<br />

employees of a hospital. See<br />

Respondeat Superior.<br />

Waiver The voluntary, informed<br />

relinquishment of a legal claim or<br />

right.<br />

Ward A minor or legal incompetent who<br />

has a legally appointed guardian.<br />

Work Product Attorneys preparing for litigation<br />

enjoy protection from discovery for<br />

their work product, for example,<br />

their writings, documents, <strong>and</strong><br />

impressions of the case. This is a<br />

limited immunity. A physician’s<br />

confidential interview with his or her<br />

attorney concerning pending<br />

malpractice litigation is protected.<br />

Giving otherwise discoverable<br />

materials such as personal diaries to<br />

one’s attorney will not protect them<br />

from discovery. The privilege<br />

applies only to the attorney’s own<br />

work. A court may order the<br />

production of work product if it is<br />

730

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