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105 terms

Medical law and ethics final

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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
precedent
a case that serves as a model for future cases
Etiquette
good manners
Protocol
standards of etiquette in a specific situation
each individual state
Licensure to practice medicine is done by
Misdiagnosis
is not sufficient grounds for revoking a medical license
Moral values
Formed through the influences of the family, culture and society, these serve as the basis for ethical conduct
courtesy, compassion, and common sense
The qualities of any successful healthcare practitioner
reciprocity
A valid out of state license is accepted as the basis for issuing a license in a second state without re-examination
Respondeat superior
According to this doctrine, physicians are legally responsible for the negligent acts of their employees
Licensure
What credentials is mandatory for certain health professionals to practice in their field
Unlawful acts are always
unacceptable and unethical and is often punishable by legal means
All medical practice acts?
define the practice of medicine in the state, establish grounds for revoking a license, and explain requirements for licensure
the law of agency
When a medical office employee acts on behalf of his or her employer, the act falls under
Written codes of ethics for healthcare practitioners
evolved primarily to serve as moral guidelines for those who provide care
rules of conduct
Law may be defined as
The Patients' Bill of Rights
has still not become a law
punitive
damages awarded by the court to punish the defendant
Wrongful death
Damages may be collected by a deceased's beneficiaries under this statute when a patient's death is judged due to negligence
elements of a contract?
Agreement, consideration, legal subject matter, and contractual capacity
Torts
are civil wrongs, committed against a person or property and may be intentional
liability
criteria by which our actions in a given situation are judged competent or incompetent
the reasonable person standard
We are responsible for our actions, or our failure to act, under
extent of injuries, loss of income, and mental anguish
When a defendant is found guilty of a tort, the plaintiff is awarded compensation based upon
expert testimony
A means of establishing a standard of care in a trial is called
civil
This type of law governs certain activities between and among person, or between persons and the government
Assault
The open threat of bodily harm to someone
misdemeanor
a traffic ticket for running a stop sign
Consumer Protection Act
requires notification of interest rates before they are charged
nominal
damages that recognize the wrong, but award only a token amount
Battery
the action that causes bodily harm
jurisdiction
The power and authority given to a court to hear a case and make a judgment
negligence
An unintentional tort alleging that a healthcare practitioner has failed to exercise ordinary care
Res judicata
the thing has been decided
Statute of limitations
doctrine says a lawsuit cannot move forward if a certain period of time has elapsed
minimize danger, hazard, and liability
Risk management is a process to
duty, dereliction, direct cause, and damages
The four "Ds" of negligence
Release of tortfeasor
Under which defense may the party who caused an accident be liable both for the victim's injury and any medical negligence by an attending physician?
keep the information to himself
Tom is a nurse in an internal medicine practice. The physician he works for often refers patients to Dr. Hazelwood, a local cardiologist. Tom learns from a friend at the local hospital that Dr. Hazelwood has several malpractice claims filed against him. Tom should
Res ipsa loquitur
the doctrine of common sense
inherent risk
If the patient knew the _____________ before treatment, the defendant may use contributory negligence as a defense in a lawsuit
provide the physician with the chart for follow up
When a patient misses an appointment and does not re-schedule
privileged
Information held confidential within a protected relationship such as physician-patient is called a(n) _____________ communication
occurrence coverage
Medical malpractice insurance that covers the insured for any claims arising from an incident that occurred, or is alleged to have occurred, during the time the policy was in force, regardless of when the claim is made is called
happen
In charting, if it isn't written down, it didn't
help ensure the privacy of records
Firewalls and encryption are software to
true under HIPAA
Patients must submit complaints to the Secretary of Health and Human Services through the Office of Civil Rights
the privacy rule
Any activity that reveals PHI, however innocently done, is a violation of
not covered by HIPAA's Security Rule
The contents of all documents pertaining to patient privacy
security officer
The person most likely to handle the problem of a computer hacker (an unauthorized person) that is able to access and download information about patients is the
Protected psychotherapy notes
include only those notes that document or analyze the contents of conversations during a counseling session
Law enforcement officials
entitled to PHI only in specific circumstances related to injuries to an individual that are criminal in nature
Politely excuse herself and fix the computer so no information is on the screen
Alicia's computer monitor is easily viewed by patients as the patient is sitting at her station. She notices that a patient is making an intent effort to read the information on the computer screen. That information is actually about another patient that Alicia had just talked with. What should Alicia do
may not give consent
A person who is mentally incompetent
Health InformationTechnology
a concept that suggests that the retention of all health records should eventually be done electronically
Under the doctrine of professional discretion a physician
may determine that the patient may not even see their own records
list the purpose for which the data will be used
Requests for information coming into the medical office from insurance companies or other sources should
To correct any error discovered after a patient's medical records has been filed
draw a line through the mistake, insert the correction, label it as a correction, initial, and date it
illegal, because federal law prohibits discrimination because of union activity
The local hospital nurses are trying to unionize. The leaders of this effort are demoted. One of them is terminated. Is this
cells are taken from frozen embryos set aside in the in vitro fertilization process
Stem cell research is controversial because
any type of body cell
Embryonic stem cells have the potential to become
right-to-know laws
allow employees broader access to information about toxic or hazardous substances
Material Safety Data Sheets (MSDS)
necessary in any office that has any hazardous material
something for something
quid pro quo
NOT against the law
Refusal to take a drug or lie detector test as a condition of employment
the Federal Register
The primary source of information for OSHA standards
Parens patriae
The legal doctrine that allows the state the authority to act in a child's best interest
The Family Leave Act
allows for unpaid leave for maternity leave, adoption, or caring for a sick family member
Somatic gene therapy
normal copy of a gene is inserted into the cells of a person with a specific genetic disease
Americans with Disabilities Act (ADA)
The federal law that requires public access for individuals who are disabled
Workers' compensation
includes medical and surgical treatment, as well as disability benefits in the event of a permanent injury
cloning
A scientific process that produces new organisms, identical to the parent without union of sperm and egg
Safe haven laws
allows parents to bring their newborn babies to a hospital, fire station, or police station and leave them for the state to care for without fear of prosecution
Xenotransplantation
procedures involves transplanting animal tissues and organs into humans
Genetic engineering
The process where scientists manipulate DNA within the cells of plants and animals to ensure that certain traits will appear and be passed on, or that certain undesirable characteristics are eliminated
Minors
have the same constitutional right to privacy as an adult
Hazard Communication Standard
specifically regulates hazardous equipment in the medical office
Amniocentesis
During this process, fluid is withdrawn from a woman's pregnant uterus to be used for genetic and medical tests
contagious diseases like HBV that are bloodborne
The Bloodborne Pathogen Standard is designed to protect healthcare workers against
In vitro fertilization (IVF)
In this process, eggs and sperm are brought together outside the body, in a test tube or petri dish
emancipated minor
legally lives outside of his parents' control and makes his or her own healthcare decisions
wrongful discharge
Oral promises made to an employee by an employer may be used as evidence in a suit brought by the employee for
Adoption
a complicated process with both federal and state laws affecting what may be done
illegal
Firing an employee because of political activity, sexual harassment, or race are all
deoxyribonucleic acid (DNA)
The combination of proteins that comprises each human chromosome
Gestational surrogate
a woman who has agreed to carry a child to term for a couple, but who is not related to the couple
GDP
is the amount of income for all goods and services in the United States
stakeholders
Those who have a vested interest in the healthcare industry
Patient Self-Determination Act
The federal law that requires hospitals and other healthcare providers to provide written information to patients regarding their rights under state law to make medical decisions and execute advanced directives
an indication of brain death
The entire brain, including the brain stem, has irreversibly ceased to function
HPV vaccine
An example of a newer vaccine, used in the fight to prevent cancer
Palliative care
provided to ease a patient's suffering and not to cure a disease
cost, access, and quality
three major issues in healthcare
about end of life care
A living will provides direction about specific wishes
children
The SCHIP was created to help provide care for low income
Uniform Determination of Death Act
What legislation established uniform guidelines for determining when death has occurred
visualize medical procedures
Efforts to use 3-D computing in healthcare, healthcare education, and healthcare diagnostics are designed to
Pharmacogenomics
science that defines how individuals are genetically programmed to respond to drugs
Genometrics
how genes cause the expression of certain traits in individuals
denial, anger, bargaining, depression, and acceptance
five stages of grief
lack of oxygen
At the cellular level, technically death results from
thanatology
study of death and dying
persistent vegetative state
exists as a result of severe mental impairment, characterized by damage to the cerebral cortex. There is only involuntary bodily function present