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Chapter 6 & 7

Fraud

refers to a DECEITFUL practice. exp:include not telling a PT about the risks of procedure.

Tort

is a wrongful act committed by a person against another person or property that causes harm.

Contract Law

agreement between 2 or more people promising to work.

Types of contracts

Express: is one that is specifically stated ALOUD or WRITTEN an is understood by all parties.
Oral: exist when BOTH PARTIES AGREE to a specified condition with proper consideration.
Implied: is on that is SUGGESTED or EXPECTED, but not clearly expressed.

Criminal Law

Deals with the rights and responsibilities of the government to the people and the people to the government.

Offences considered under Criminal Law

Felony(murder,rape, assault and larceny), Misdemeanor(includes disorderly conduct and petty theft), Infraction(violation of the law or ordinance that results in a fine)

Tort Law

Deals with negligence and medical malpractice, or medical professional liability and covers the areas where no contract exists.

Misfeasance

is the IMPROPER PERFORMANCE of an ACT that results in harm to the PT. Ext: when a PT receives a burn during ultrasound therapy.

Nonfeasance

is the FAILURE to do WHAT is EXPECTED, resulting in harm to the PT. Ext: the physician fails to order an x-ray film, and later it is found that PT has a broken arm.

Malfeasance

is the performance of an unlawful or IMPROPER ACT causing or resulting in harm. Ext: MA practicing beyond the scope of his or her training.

Four Ds of Lawsuits

Duty: Physician has DUTY to give quality care.
Dereliction of Duty: Physician FAILS to meet accepted standards of care.
Direct cause: Physician's action CAUSED harm.
Damages: Money AWARDED to COMPENSATE victim for injury

Harassment

"this for that or the something for something" unwelcome sexual advance requests for sexual favors, and other verbal or physical conduct, include faul language off-color jokes, inappropriate pictures or other offensive actions.

Family and Medical leave (FMLA)

allows an employee to take up to 12 weeks of unpaid leave per year for maternity leave, adoptions, and caring for sick family members.(must have been actively employees for 1 year, companies with 50 or more employees)

Deposition

taking testimony outside of court

Subpoena

is a document requiring a person to appear in court or to be available for a deposition.

PT's Self-Determination Act

Requires health care institutions to give PT written information about advance directives(document that state people's wishes in case they become incapable of making decisions) before life sustaining measures become necessary..1990 PT has the right to refuse treatment

PT's Bill of Rights

Established by the America Hospital Association(AHA) in 1998 expectation that it will contribute to more effective PT care an be supported by the hospital on behalf of the institution, its medical staff employees and PT(rights and responsabilities of PT)

Statutes

are general rules and standards to regulate conduct

Administrative Law

regulates business practices, enforced by government agencies such as the DEA an the EDA, creates the state board of medical examiners for physicians.

International Law

Protects and asserts the rights and privileges of a sovereign nation.

Res ipsa Loquitor

"The thing speaks for itself" is the principle that apploes when the very existence of the situation shows negligence

Arbitration

an alternative to trial.

OSHA

Occupational Safety and Health Act, requires traing for employees concerning the control and exposure plan, sole purpose is to insure a sage working environment for all employees.

DEA

Drug Enforcement Agency, gives physicians licensed to prescribe medication.

MSDS

Material Safety data sheet, has each chemical used on the job from the manufacturer on file (update every year)

Assault

is the THREAT or the preceived threat of doing harm by another person.

Battery

is the ACT of TOUCHING or doing bodily harm without consent

Informed consent

must be given by PT before a treatment or procedure.(must be writing, competen, whats going to be done, risks, advantages)

Good Samaritan Act

care given in GOOD FAITH by health professional or a non health professional is protected from civil liability if the person provided care WITHIN their scope of training.

Qualifications for a contract to be established

1)Offer and acceptance among the parties. OFFER-AGREEMENT-ACCEPTANCE.
2)Valid consideration (something of value must be exchanged, such as money or services) ACCEPTANCE-CONSIDERATION.
3)agreement must have a lawful purpose(Dr. must be licensed)
4)All parties must be competent(have the legal capacity to make a contract)
5) agreement must be in the form required by law.

Morale

the mental and emotional condition, enthusiasm, loyalty, or confidence of an individual or group with regard to the function or tasks at hand.

Insubordination

disobedience to authority.

Initiave

means that MA looks for the opportunity to be of help, assisting others as the work load demands

Libel

is defamation of character IN WRITING

Slander

is defamation of character WITH SPEECH (3th person must be present when slander is taking place to be considered in a court)

Importance of attitude in the work place

the most important asset a MA brings, GOOD ATTITUDE involves courtesy and kindness to others, refraining from jumping to conclusions, giving the other person the benefit of the doubt, and being optimistic.

Confidentiality

PT are entitled to PRIVACY where their health is concerned never reveal any info. about any PT to anyone without specific permission to do so.

Persona

an individula's social facade or front that reflects the role in life the individual is playing, the personality that a person projects in public.

Feasance

is the performance of an act

Flexible

MA must be able to adapt to a wide variety of situations, also means that staff members are willing to assist one another in the performance of their duties.

Procrastinate

to put off till another day or time; defer; delay.(is often symptom of the fear of failure,is also the surest way to see that goals remain unfulfilled)

Rumor

by definition is talk or widely disseminated opinion with no discernible source, or a statement that is not known to be true.

Prioritizing

The key to managing time, deciding which tasks are most important.

Loyalty

is a faithfulness or allegiance to a cause, ideal, custom,institution or product

Courtesy

Show to the PT and co-workers in the physician's office, shown kindness and consideration, always demonstrate a good attitude and offer PT and visitor a sincere smile.

Commensurate

corresponding in size amount, extent, or degree; equal in measure (whose work output is commensurate with the pay received)

Connotation

an implication; something suggested by a word or thing

Private Law or Civil Law

is concerned with the enforcement of rights, the performance of duties, and other legal issues involving private individuals(is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim)

Statues of limitation

Start when on Day of Discovery

Discrimination

Equal Employment Opportunity Commission

Contributory Negligence

Damages can be decreased ( in the four Ds)

B-Priority

Should be done today

E-Priority

runs errands

Goals

celebrate each one

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