Terms Used In Texas Occupations Code Chapter 160 - Report and Confidentiality Requirements

• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Board: means the Texas Medical Board. See Texas Occupations Code 151.002
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuing threat to the public welfare: means a real danger to the health of a physician's patients or to the public from the acts or omissions of the physician caused through the physician's lack of competence, impaired status, or failure to care adequately for the physician's patients, as determined by:
  (A) the board;
  (B) a medical peer review committee in this state;
  (C) a physician licensed to practice medicine in this state or otherwise lawfully practicing medicine in this state;
  (D) a physician engaged in graduate medical education or training; or
  (E) a medical student. See Texas Occupations Code 151.002
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Disciplinary order: means an action taken under § 164. See Texas Occupations Code 151.002
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fraud: Intentional deception resulting in injury to another.
• Health care entity: means :
  (A) a hospital licensed under Chapter 241 or Texas Occupations Code 151.002
• in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Medical records: means all records relating to the history, diagnosis, treatment, or prognosis of a patient. See Texas Occupations Code 151.002
• Person: means an individual, unless the term is expressly made applicable to a partnership, association, or corporation. See Texas Occupations Code 151.002
• Physician: means a person licensed to practice medicine in this state. See Texas Occupations Code 151.002
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Practicing medicine: means the diagnosis, treatment, or offer to treat a mental or physical disease or disorder or a physical deformity or injury by any system or method, or the attempt to effect cures of those conditions, by a person who:
  (A) publicly professes to be a physician or surgeon; or
  (B) directly or indirectly charges money or other compensation for those services. See Texas Occupations Code 151.002
• professional review action: means the evaluation of medical and health care services, including evaluation of the qualifications and professional conduct of professional health care practitioners and of patient care provided by those practitioners. See Texas Occupations Code 151.002
• professional review body: means a committee of a health care entity, the governing board of a health care entity, or the medical staff of a health care entity, that operates under written bylaws approved by the policy-making body or the governing board of the health care entity and is authorized to evaluate the quality of medical and health care services or the competence of physicians, including evaluation of the performance of those functions specified by § 85. See Texas Occupations Code 151.002
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Subpoena: A command to a witness to appear and give testimony.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005