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66 terms

Medical Law & Ethics Final 2013 (1)

STUDY
PLAY
The total care of patients whose disease is no longer responsive to curative therapy is
palliative care
Failure to perform an action that a reasonable person would have committed in a similar situation is
negligence (nonfeasance)
The accepted method of correcting medical record errors is
draw a line through the error and write the correction above with the date and initials of the person making the correction
The Age Discrimination in Employment Act of 1967 protects persons __________ or older against employment discrimination.
40 years
Reciprocity is the practice of
cooperation by which a state grants a license to practice medicine to a physician already licensed in another state
The quality of being virtuous is called
morality
A number assigned to an employer for purposes of identification is the
employer identification number
The Uniform Anatomical Gift Act
permits competent adults to allow posthumous use of their organs through a written document
Literally, "let the master answer." A doctrine under which an employer is legally liable for the acts of his or her employees, if such acts were performed within the scope of the employees' duties
respondeat superior
DEA registration numbers are available to:
physicians & pharmacists
Castration or sterilization of another person without legal permission is considered to be
assault and battery
Eugenic sterilization is
sterilization of certain persons to assure they will not pass defective genes to their children
The purpose of the gatekeeper is to
approve hospitalizations, approve tests before they are given, approve all non-emergency services
The Equal Pay Act of 1963 makes it illegal for an employer to discriminate on the basis of:
gender
The Americans with Disabilities Act of 1990 requires the employer to make:
reasonable accommodations for disabled employees
The Workers' Compensation Act protects workers and their families from financial problems resulting from
employment-related injury, disease, or death
Due process in the workplace refers to
the right of all employees to certain procedures when their rights are in jeopardy
Enforcement of drug sales and distribution is through the:
Food and Drug Administration
Intentional torts include:
(they occur when a person has been intentionally or deliberately injured by another)
all of the above
Medicaid is a
federal program of care for the poor implemented by states
The thing speaks for itself applies to the law of negligence and is the doctrine of
res ipsa loquitur
An associate practice is a legal agreement in which the physicians

share responsibility for legal actions of each other

share a facility and staff

share the loss and profits

all of the above
share a facility and staff
Monetary awards by a court to a person who has been harmed in an especially malicious or willful way are
punitive damages
The Wagner Act of 1935 (NLRA) gives employees the right to
form and join unions, bargain collectively, and strike for better benefits and working conditions
A private or public healthcare entity that facilitates the processing of nonstandard electronic transactions into HIPAA transactions is a
clearinghouse
Which definition best describes utilitarianism?
ethical theory based on the principle of the greatest good for the greatest number
The board of examiners in each state grants licensure through
all of the above
In a managed care organization, financial risk is shared by the
all of the above
A business operation of a medical practice in which two or more physicians are responsible for the actions of each, including debts, is called a/an
partnership
Negligence is composed of four elements:
duty, dereliction of duty, direct or proximate cause, and damages
Medical records are usually exempt from state open-record laws except when
the benefit of disclosure for the public interest (safety) outweighs confidentiality
The reasonable effort that a healthcare provider uses to limit disclosure of patient information is referred to as
minimum necessary standard
The National Organ Transplant Law of 1984
forbids the sale of organs
The concern for the human subject in medical experimentation is the result of the
Nuremberg Code
An allegation of a criminal act by a physician requires that the
act be reported to the state licensing board or governmental agency
A woman's right to privacy, including the right to an abortion, is guaranteed by
Roe v. Wade
Right-to-life advocates argue that
the right of the unborn child takes precedence over the right of the mother
Common law is established
through court decision
The medical practice acts are established by
the state legislature
To win a wrongful-death case, the plaintiff must prove
negligence
A program of management-financed and confidential counseling and referral service designed to help employees and/or their family members assess a problem is the
EAP
A fine imposed by the federal government for employers not contributing to Social Security for their employees is mandated by the
Federal Insurance Contribution Act
COBRA of 1985 provides that a company with 20 or more employees must provide extended healthcare insurance to terminated employees for up to
18 months usually at the employee's expense.
All medical records should be stored for
10 years from the date of the last entry
The father of medicine, who wrote a statement of principles for his medical students to follow, is
Hippocrates
A person appointed by the court to speak on behalf of an incapacitated party is called the
guardian ad litem
Performing a wrong and illegal act is considered

malfeasance
feasance
nonfeasance
misfeasance
malfeasance
Bioethicists are
specialists who give thought to ethical concerns as they pertain to medicine and medical research
Extending equal pay requirements to all persons who are doing equal work is
comparable worth
A court order for a witness and certain documents to appear in court is a
subpoena duces tecum
The members of a professional corporation are known as
shareholders
When an employer lends an employee to someone else, this is called
borrowed servant doctrine
The statute of limitations for a case begins to run
when the injury is discovered
Medicare and Medicaid forbid discrimination in __________ through Title VI.
patient-care institutions
An unfair dislike or preference against someone is called
bias
The use of communications and information technologies to provide healthcare services to people at a distance is known as
telemedicine
The individual or group that provides or pays for the patient's medial care is the
healthcare plan
Issues discussed in the context of advanced medical technology are called
bioethics
The intentional killing of the terminally ill person is called
active euthanasia
1. The Congress is the __________ branch of the federal government for the United States.
legislative
The purpose of a "chain of command" for healthcare decisions is to
provide decision making by the most qualified person
Responsibility for action in employment is ultimately assigned to the
employer
The Civil Rights Act of 1991 permits the court to award __________ to mistreated employees.

compensatory damages
punitive damages
A and B
A and B
A healthcare organization covered under HIPAA regulations is a
covered entity
Any action taken to prevent pregnancy from occurring is
contraception
AID is the same as
artificial insemination donor