Medical Law Final key terms

53 terms by mandylee2012 

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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

law

rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority

codes of ethics

govern behavior of memebers and to increase the level of competence and standards of care w/in a group

hammurabi

the first code of ethics was written by him around 2250 b.c.

bioethics

a discipline dealing w/ the ethical implications of biological research methods and results, especially in medicine

certification

a voulntary credentialing process where applicants meet specific requirements

reciprocity

the process by which a professional license obtained in one state may be accepted as a valid one in other states by prior agreement w/out reexamination

medical practice acts

in all 50 states and have been established by statute to govern the practice of medicine

medical boards

bodies established by the authority of each state's medical practice acts for the purpose of protecting the health, safety, and welfare of health care consumers through proper licensing and regulation of drs and other health care practitioners

respondeat superior

let the master answer

associate practice

when two or more physicians decide to practice individually but agree to share office space and employees. They share expenses but not profits or liability

PPO or PPA

a network of independent physicians, hospitals, and other health care providers who contract w/ an insurance carrier to provide medical care at a discount rate to pts who are a part of the insurer's plan.

National practitioner data bank (NPDB)

mandatory for physicians when they apply for privileges at a hosiptal, and every 2 yrs for physicians alrady on the medial staff who whish to maintain their privileges. the NPDB man NOT disclose info to a medical malpractice insurer, defense attorney, or a member of the general public

constitutional law

based on a formal document that defines broad governmental powers. basded on the US constitution

statutory law

laws enacted by state or fed legislatures

appellate courts

hear cases on appeal from general trial courts and local courts

contract

must have all 4 criteria: agreement, consideration, leagal subject matter, and contractual capacity

law of agency

the law that governs the relationship between a principal and his or her agent

agent

one who acts for or represents another

liable

legally responsible for their own acts

standard of care

the level of performance expected of a health care practitoner in carrying out his or her professional duties

reasonable person standard

we are responsible for our actions or failure to act

nonfeasance

the failure to act when one should

res ipsa loquitur

the thing speaks for itself

damages

monetary awards sought by plaintiffs in lawsuites

the phases of a lawsuit

pleading phase, pretrial, trial, appeals

trial phase

the jury is selected

denial

a defense that claims innocence of the charges or that the case lacks one of the 4 D's

assumption of risk

a legal defense that holds that the defendant is not guilty of negligence b/d the plaintiff knew of and accepted beforehand any risks involved

technical defenses

defense used that leagl technicalities occured

res judicata

the thing has been decided

mediacl record

a collection of data recorded when a pt seeks medical treatment

fiduciary duty

a physicians obligation to his or her pt based on trust and confidence

doctrine of informed consent

implies that the pt understands: proposed modes of treatment, why the treatment is necessary, risk involved in proposed treatment, available alternatives, risk of alternatives, and risk involved if treatment is refused

Roe vs Wade

1973 supreme court decision that legalized abortion in the US and allowed state regulation of abortion

privacy

freedom from unauthorized intrusion

HIPAA

1996 act for the purpose of increasing efficiency and effectiveness of the US health care system by electronic exchange of administrative and financial data. Improve security and privacy of pts, and decrease us health care system transaction costs

business associates

not covered entities BUT covered entities must have contracts or agreements w/ thsiness associates that conduct certain activities on behalf of those covered entities

electronic transmission

the sending of info from one network connected computer to another

limited data set

protected health info from which certain specified, direct indentifiers have been removed

Wagner Act of 1935

act makes it illegal to discriminate in hiring or firing b/c of union membershi9p or organizational activities

title VII of the Civil rights act of 1964

prevents employers from discriminating in hiring or firing on the basis of race, color, religion, sex, or national orgin

rehabilitation act of 1973

prohibits discrimination in employment practices based on physical disabilities or mental health

1976 pregnancy discrimination act

illegal to fire an employee based on pregnancy, childbirth, or related medical condition

title I and V of the americans w/ disabilities act of 1990

ban discrimination against disabled persons and mandate equal access to facilities and grounds

civil rights act of 1991

provides monetary damages in cases of intentional employment discrimination

Family leave act of 1991

12 weeks of unpaid leave for employers w/ 50 or more employees for maternity, adoption, or caring for ill family members

the federal register

us government publication that contains all administrative laws

right to know laws

state laws that allow employees access to info about toxic or haz mat, employer duties, employee rights, and other workplace health and safety issues

HCS (hazard communication standard)

an OSHA standard to increase health care practitioners awareness of risks, improve work practices and appropriate use of PPE, reduce injuries and illnesses in the workplace

Bloodborne pathogen standard

OSHA can levy fines for violations leading to employee exposure to bloodborne patogens bassed upon guidelines issued by the CDC

CDC guidelines state:

never eat, drink, or smoke in the lab

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