Law & Ethics for Medical Careers

161 terms by atlantaimport 

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litigious

prone to engage in lawsuits

precedent

decisions made by judges in the various courts that become rule of law and apply to future cases, even though they were not enacted by a legislature; also known as case law

law

set of governing rules

ethics

principles, standards, guide to conduct

bioethics

discipline relating to ethics concerning biological research, especially as applied to medicine

etiquette

courtesy and manners

protocol

rules of etiquette applicable to one's place of employment

Hippocratic oath

a pledge for physicians, developed by the Greek physician Hippocrates circa 400 bce

licensure

a mandatory credentialing process established by law, usually at the state level, that grants the right to practice certain skills and endeavors

certification

a voluntary credentialing process whereby applicants who meet specific requirements may receive a certificate

registration

a credentialing procedure whereby one's name is listed on a register as having paid a fee and/or met certain criteria within a profession

accreditation

official authorization or approval for conforming to a specified standard

MD

medical doctor (degree) 4 year college, another 4 year medical school

OD

doctor of osteopathy

respondeat superior

"let the master answer" a doctrine under which an employer is legally liable for the acts of his or her employees, is such acts were performed within the scope of the employees' duties

fraud

dishonest or deceitful practices in depriving, or attempting to deprive, another of his or her rights

sole proprietorship

a form of medical practice management in which a physician practices alone, assuming all benefits and liabilities for the business

associate practice

a medical management system in which two or more physicians share office space and employees but practice individually

partnership

a form of medical practice a management system whereby two or more parties practice together under a written agreement specifying the rights, obligation, and responsibilities of each partner

group practice

a medical management system in which three or more licensed physicians share the collective income, expenses, facilities, equipment, records, and personnel for the business

sole proprietorship

disadvantage to this type of practice is that the physician practicing alone has unlimited personal liability

partnership

disadvantage of this type of practice is that each partner has equal liability for the acts, conduct, losses, and deficits of the practice

group practice

advantage of this type practice is financial and tax advantages

constitutional law

law that derives from federal and state constitutions

case law

law established through common law and legal precedent

statutory law

law passed by the us congress or state legislatures

administrative law

enabling statutes enacted to define powers and procedures when an agency is created

criminal law

law that involves crimes against the state

civil law

law that involves wrongful acts against persons

tort

a civil wrong committed against a person or property, excluding breach of contract

tortfeasor

the person guilty of committing a tort

intentional torts

assault

intentional torts

battery

intentional torts

defamation of character

intentional torts

false imprisonment

intentional torts

fraud

intentional torts

invasion of privacy

assault

the open threat of bodily harm to another, or acting in such a way as to put another in the "reasonable apprehension of bodily harm"

battery

an action that causes bodily harm to another

defamation of character

involves damaging a person's reputation by making public statements that are both false and malicious

false imprisonment

the intentional, unlawful restraint or confinement of one person by another

fraud

deceitful practices in depriving or attempting to deprive another of his rights

invasion of privacy

an intrusion into a person's seclusion or private affairs, public disclosure of private facts about a person, false publicity about a person, or use of a person's name or likeness without permission

res ipsa loquitur

"the thing speaks for itself" a situation that is so obviously negligent that no expert witnesses need be called. also known as the doctrine of common knowledge

contract

a voluntary agreement between two parties in which specific promises are made for a consideration

expressed contract

a written or oral agreement in which all terms are explicitly stated

implied contract

an unwritten and unspoken agreement whose terms result from the actions of the parties involved

statute of frauds

state legislation governing written contracts

third party payor contract

a written agreement signed by a party other than the patient who promises to pay the patient's bill

breach of contract

when one party fails to comply with the terms of a legally valid contract

standard of care

the level of performance expected of a health care practitioner in carrying out his professional duties

malfeasance

the performance of a totally wrongful and unlawful act

misfeasance

the performance of a lawful act in an illegal or improper manner

nonfeasance

the failure to act when one should

general compensatory

damages - to compensate for injuries or losses due to violation of patient's rights

general compensatory

damages - specified by court. dollar value need not be proved; loss must be proved

special compensatory

damages - to compensate for losses not directly caused by the wrong

special compensatory

damages - specified by court. dollar value and loss must be proved

consequential

damages - to compensate for losses caused indirectly by a product defect

consequential

damages - no limit on damages if personal injury

punitive

damages - to punish the offender

punitive

damages - in some cases, amount of damages is set by law

nominal

damages - to recognize that rights of the patient were violated, though no actual loss was proved

nominal

damages - token award, usually $1

intentional tort

when one person intentionally harms another

statute of limitations

that period of time established by state law during which a lawsuit may be filed

statute of limitation

starts the alleged negligent act was committed

negligence

an unintentional tort alleged when one may have performed or failed to perform an act that a reasonable person would not or would have done in similar circumstances

Duty

4 D's of negligence, the person charged with negligence owed a duty of care to the accuser

derelict

4 D's of negligence, the health care provider breached the duty of care to the patient

direct cause

4 D's of negligence, the breach of the duty of care to the patient was a direct cause of the patient's injury

damages

4 D's of negligence, there is a legally recognizable injury to the patient

subpoena

a legal document requiring the recipient to appear as a witness in court or to give a deposition

subpoena duces tecum

a subpoena commanding a witness to appear in court and to bring certain medical records

state court

hears appeals from lower state courts

us supreme court

hears appeals from federal and state courts, has original jurisdiction in cases in which a state is a party

federal court

hears cases on appeal from the us claims court and the court of international trade; hears certain appeals from us district courts

physician gets license

4 years college, 4 years medical school, pass the US Medical Licensing Examination, residency, good moral character, state resident

physician renews license

average 50 hours of continuing education

physician loses/suspension license

conviction of a felony, unprofessional conduct, or personal/professional incapacity

a contract is valid when

legally binding, four elements must be present in a contract. Agreement, consideration, legal subject matter, contractual capacity

abandonment

the suspension of treatment of a patient w/o justification and proper notification

breach of contract

failure of either party to comply with the terms of a legally valid contract

how a physician avoids abandonment and breach of contract

notifying a patient in writing about the cancellation of treatment, complying with all legal term valid in the contract

intentional tort

when a person intentionally harms another, the law allows the injured party to seek a remedy in a civil suit

unintentional tort

acts that are not intent to cause harm. the most common tort is negligence

Alternative dispute resolution (ADR)

settlement of civil disputes between parties using neutral mediators or arbitrators without going to court

guardian ad litem

a person appointed by the court only to take legal action on behalf of a minor or an adult not able to handle his/her own affairs.

Good Samaritan law

state laws protecting physicians and sometimes other health care practitioner and laypersons from charges of negligence or abandonment if they stop to help a victim of an accident or other emergency

consent

permission from a patient, either expressed or implied, for something to be done by another

doctrine of informed consent

the legal basis for informed consent usually outlined in a state's medical practice act

informed consent

the patient's right to receive all information relative to his condition and then to make a decision regarding treatment based upon that knowledge

minor

are individuals in their mid-to late teens, not reaches the majority of age

emancipated minors

legally live outside parent or guardian control. A judge may declare minors emancipated if they are self supporting, married, or serving in the armed forces

sign of abuse

illlogical or unreasonable explanation for injuries

sign of abuse

frequently changing physicians, missed medical appointments

sign of abuse

attempts to hide injuries with makeup, sunglasses

sign of abuse

frequent anxiety, depression or loss of emotional control

sign of abuse

changes in appetite

sign of abuse

problems at school or on the job

medical record

owned by medical facility, the doctor, and the patient

Title VII of the Civil Rights Act

the law prevent employers from discriminating in hiring or firing on the basis of race, color, religion, sex, or national origin

OSHA

This act ensures the safety of workers and prohibits firing an employee for reporting workplace safety hazards or violations

CLIA

Clinical laboratory improvement act of 1988, provides minimum federal standards for quality laboratory testing

HMO Act

a health plan that combines coverage of health care cost and delivery of health care for a prepaid premium

COBRA The Consolidated Omnibus Budget Reconciliation Act of 1985

is a law passed by the U.S. Congress on a reconciliation basis and signed by President Reagan that, among other things, mandates an insurance program giving some employees the ability to continue health insurance coverage after leaving employment.

FLSA Fair labor Standard Act

regulates child labor, and provides for minimum wages and overtime pay

Workers' compensation act

both federal and state law designed to provide compensation to workers who are injured on the job or develop work-related illness

Age and Discrimination Act (ADEA)

equal pay act, prohibit discrimination in hiring, firing based on age for person over 40

Employee retirement income security act 1974 (ERISA)

regulates pension funds and employer benefit programs, as part of the provisions employers cannot prevent employees from collecting retirements benefits from plans covered by the act

Unemployment compensation

funds are managed jointly by state and federal government, under the federal unemployment tax act (FUTA). Employees are denied unemployment benefits for 3 reasons: they quit w/o cause, fired for misconduct, labor disputes

Regulation Z

applies in a health care setting such as: a patient and a physician make a bilateral payment agreement

huntington disease

detected by genetic testing

cystic fibrosis

detected by genetic testing

down syndrome

detected by genetic testing

fragile x syndrome

detected by genetic testing

gaucher's disease

detected by genetic testing

mucopolysaccharidosis

detected by genetic testing

phenylketonuria

detected by genetic testing

sickle-cell anemia

detected by genetic testing

Human Genome Project

a scientific project funded by the us government, begun in 1990 and successfully completed in 2000, for the purpose of mapping all of a human's genes

revocation

the cancellation of a professional license

suspension

the temporary withdrawal of a professional license

sterilization

The loss of reproduction capability due to radiation or disease

artificial insemination

the mechanical injection of viable semen into a woman's vagina

in vitro fertilization

the union of eggs and sperm outside of the body in a test tube or petri dish

surrogacy

an arrangement between an infertile couple and a woman who agrees to carry their child to term

abortion

is the termination of a pregnancy by the removal or expulsion from the uterus of a fetus or embryo, resulting in or caused by its death

miscarriage

is the spontaneous end of a pregnancy at a stage where the embryo or fetus is incapable of surviving, generally defined in humans at prior to 24 weeks of gestation.

res judicata

"the things has been decided" a claim cannot be retried between the parties once legally resolved

arbitration

is a method of settling disputes in which the neutral 3rd party resolves a decision is binding opposites parties

mediation

method in which a neutral party listens to both sides and then helps resolve the dispute

bonding

medical offices and other workplace locations where employees are responsible for collecting fees and handling financial matters

Hazard Communication Standard

an OSHA standard intended to increase health care practitioners awareness of risks, improve work practices and appropriate use of personal protective equipment, and reduce injuries and illnesses in the work place

life begins

at conception

life begins

first heart beat

life begins

outside the womb

living will

detailed instructions regarding a patient's wishes for end of life treatment

durable power of attorney

an advance directive that confers upon a designee the authority to make a variety of legal decisions on behalf of the grantor, usually including health care decisions

euthanasia

good health in greek, refers to mercy killing of the hopelessly ill

active euthanasia

conscious act that results in death of a dying person

passive euthanasia

allow patients to die naturally, without medical interference

voluntary euthanasia

the act of ending a dying patient's life by medical means with his permission

involuntary euthanasia

the act of ending a terminal patient's life by medical means without his permission

physician-assisted suicide

loosely refers to any of these euthanasia situations in which a doctor takes part in the patients death

Kubler-Ross Stage 1

stage indentified with feelings of denial and isolations

Kubler-Ross Stage 2

the patient or grieving relative progresses to anger, rage and resentment

Kubler-Ross Stage 3

Bargaining and guilt

Kubler-Ross Stage 4

Depression or sadness

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