Medical Law Final key terms
About this set
Created by:
mandylee2012 on June 23, 2011
Log in to favorite or report as inappropriate.
Order by
53 terms
Terms | Definitions |
|---|---|
 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 |
First Time Here?
Welcome to Quizlet, a fun, free place to study. Try these flashcards, find others to study, or make your own.