Med Law and Ethics Ch.1 and 2
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Created by:
tdanyialle5515 on January 16, 2012
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74 terms
Spanish | English |
|---|---|
Administrative Law | a branch of law that covers regulations set by government agencies |
Assault | imminent apprehension of bodily harm |
Battery | bodily harm and unlawful touching (touching without consent of patient) |
Beyond a Reasonable Doubt | evidence that is almost an absolute certainty that person did commit a crime |
Breach | neglect of an understanding between two parties; failing to perform a legal duty |
Breach of Contract | the failure, without legal excuse, to perform any promise or to carry out any of the terms of an agreement; failure ot perform a contractual duty |
Case Law | also called common law, ? is based on decisions made by judges |
Checks and Balances | designed by the framers of the constitution so that no one branch of government would have more power than another and so that each branch of government is scrutinized by other branches of government |
Civil Law | relationships between individuals or between individuals and the government, which are not criminal |
Class Action Lawsuit | lawsuit filed by one or more people on behalf of a larger group of people who are all affected by the same situation |
Closing Argument | closing speech or summary made by the attorney's for both the the plaintiff and the defendant |
Common Law | also called case law, ? is based on decisions made by judges |
Competent | capable of making a decision without mental confusion due to drugs, alcohol, or other reasons |
Consideration | in contract law, ? is something of value given as part of the agreement |
Constitutional Law | the inviolable rights, privileges, or immunities secured and protected for each citizen by the constitution of the United States or by the constitution of each state |
Contract Law | that division of law that includes enforceable promises and agreements between two or more persons to do or not to do a particular thing. |
Criminal Case | one in which court action is brought by the government against a person or groups of people accused of committing a crime, resulting in a fine or imprisonment if found guilty. |
Criminal Laws | set up to protect the public from the harmful acts of others |
Defamation of Character | making false and/or malicious statements about another person; includes libel and slander |
Defendant | person or group of people sued civilly or prosecuted criminally in a court of law |
Deposition | oral testimony that is made before a public officer of the court to be used in a lawsuit |
Discovery | the legal process by which facts are discovered before a trial |
Embezzlement | the illegal appropriation of property, usually money, by a person entrusted with its possession |
Expert Witness | a medical practitioner or other expert who, through education, training, or experience, has special knowledge about a subject and gives testimony about that subject in court, usually for a fee |
Expressed Contract | an agreement that is entered into orally or in writing |
Felony | a serious crime that carries a punishment of death or imprisonment for more than one year. Examples are murder, rape, robbery and practicing medicine without a license |
Fraudulent | deceitful |
Implied Contract | an agreement that is made through inference of signs, inaction, or silence |
Jurisdiction | the power to hear a case |
Libel | any publication in print, writing, pictures, or signs that injures the reputation of another person |
LITIGATION | a dispute that has resulted in one party suing another |
Misdemeanors | less serious offenses than felonies; punishable by fines or imprisonment of up to one year. These include traffic violations and disturbing the peace |
Plaintiff | a person or group of people suing another person or group of people; the person who instigates the lawsuit. |
Pleadings | formal written statements |
Preponderance of Evidence | evidence showing that more likely than not the incident occurred |
Prosecutor | a person who brings a criminal lawsuit on behalf of the government |
Regulations | rules or laws made by agencies |
Slander | speaking false and malicious words concerning another person that brings injury to him or her reputation |
Statutes | laws enacted by state and federal legislatures |
Subpoena | court order for a person or documents to appear in court |
Subpoena Duces Tecum | Latin phrase meaning, "under penalty take with you"; a court order requiring a person to appear in court and to bring certain records or other material to a trial or a deposition |
Summary Judgement | judge's ruling to end a lawsuit without a trial based on a matter of law presented in pleadings |
Tort | a civil injury, or wrongful act, committed against another person or property that results in harm and is compensated in money damages |
Tort Law | that division of law that covers acts that result in harm to another; covers wrongful acts |
Unintentional Torts | such as negligence, occur when the patient is injured as a result of the healthcare professional's not exercising the ordinary standard of care |
Waive | give up a right |
Amoral | Lacking or indifferent to moral standards |
Applied Ethics | the practical application of moral standards to the conduct of individuals involved in organizations |
Beneficence | the action of helping others and performing actions that would benefit another person. |
Bioethicists | persons who specialize in the field of bioethics |
Bioethics | also called biomedical ethics, the moral dilemmas and issue of advanced medicine and medical research |
Comparable worth | also known as pay equity, the theory that extends equal pay requirements to all persons doing equal work |
Cost/benefit analysis | also called utilitarianism, an ethical approach in which the benefit of the decision should outweigh the costs |
Due Process | the entitlement of all employees to have certain procedures followed when they believe their rights are in jeopardy |
Empathy | the ability to understand the feelings of another person without actually experiencing the pain or distress that a person is going through |
Ethics | the branch of philosophy relating to morals and moral principles |
Fidelity | loyalty and faithfulness to others |
Integrity | the unwavering adherence to one's principles; dedication to maintaining high standards |
Laws | rules or actions prescribed by a governement authority that have a binding legal force |
Litigious | excessively inclined to sue |
Medical Etiquette | Standards of proffessional behavior that physicians use for conduct with other physicians |
Medical Ethics | moral conduct based on principles regarding the behavior of healthcare professionals |
Medical Practice acts | laws established in all fifty states that define the practice of medicine as well as requirements and methods for licensure in a particular state. |
Precedent | A ruling of an earlier case that is then applied to subsequent cases |
Principle of Autonomy | right to make decisions about one's own life |
Principle of beneficence | action of helping others and performinng actions that result in benefit to another person |
Principle of nonmaleficence | means "first", do no harm |
Quality assurance | gathering and evaluating information about the services provided as well as the results achieved and comparing this information with an accepted standard |
Sympathy | pity for someone else |
Tolerance | a respect for those opinions, practices, race, religion, and nationality differ from our own |
Utilitarianism | an ethical theory based on the principal of the greatest good for the greatest number. |
Indictment | a written charge presented to the court by the grand jury against the defendent |
Intentional torts | when a person has been intentionally or deliberately injured by another |
Stare Decises | latin phrase meaning "let the decision stand" |
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