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161 terms

Law & Ethics for Medical Careers

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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, even though they were not enacted by a legislature; also known as case law
law
set of governing rules
ethics
principles, standards, guide to conduct
bioethics
discipline relating to ethics concerning biological research, especially as applied to medicine
etiquette
courtesy and manners
protocol
rules of etiquette applicable to one's place of employment
Hippocratic oath
a pledge for physicians, developed by the Greek physician Hippocrates circa 400 bce
licensure
a mandatory credentialing process established by law, usually at the state level, that grants the right to practice certain skills and endeavors
certification
a voluntary credentialing process whereby applicants who meet specific requirements may receive a certificate
registration
a credentialing procedure whereby one's name is listed on a register as having paid a fee and/or met certain criteria within a profession
accreditation
official authorization or approval for conforming to a specified standard
MD
medical doctor (degree) 4 year college, another 4 year medical school
OD
doctor of osteopathy
respondeat superior
"let the master answer" a doctrine under which an employer is legally liable for the acts of his or her employees, is such acts were performed within the scope of the employees' duties
fraud
dishonest or deceitful practices in depriving, or attempting to deprive, another of his or her rights
sole proprietorship
a form of medical practice management in which a physician practices alone, assuming all benefits and liabilities for the business
associate practice
a medical management system in which two or more physicians share office space and employees but practice individually
partnership
a form of medical practice a management system whereby two or more parties practice together under a written agreement specifying the rights, obligation, and responsibilities of each partner
group practice
a medical management system in which three or more licensed physicians share the collective income, expenses, facilities, equipment, records, and personnel for the business
sole proprietorship
disadvantage to this type of practice is that the physician practicing alone has unlimited personal liability
partnership
disadvantage of this type of practice is that each partner has equal liability for the acts, conduct, losses, and deficits of the practice
group practice
advantage of this type practice is financial and tax advantages
constitutional law
law that derives from federal and state constitutions
case law
law established through common law and legal precedent
statutory law
law passed by the us congress or state legislatures
administrative law
enabling statutes enacted to define powers and procedures when an agency is created
criminal law
law that involves crimes against the state
civil law
law that involves wrongful acts against persons
tort
a civil wrong committed against a person or property, excluding breach of contract
tortfeasor
the person guilty of committing a tort
intentional torts
assault
intentional torts
battery
intentional torts
defamation of character
intentional torts
false imprisonment
intentional torts
fraud
intentional torts
invasion of privacy
assault
the open threat of bodily harm to another, or acting in such a way as to put another in the "reasonable apprehension of bodily harm"
battery
an action that causes bodily harm to another
defamation of character
involves damaging a person's reputation by making public statements that are both false and malicious
false imprisonment
the intentional, unlawful restraint or confinement of one person by another
fraud
deceitful practices in depriving or attempting to deprive another of his rights
invasion of privacy
an intrusion into a person's seclusion or private affairs, public disclosure of private facts about a person, false publicity about a person, or use of a person's name or likeness without permission
res ipsa loquitur
"the thing speaks for itself" a situation that is so obviously negligent that no expert witnesses need be called. also known as the doctrine of common knowledge
contract
a voluntary agreement between two parties in which specific promises are made for a consideration
expressed contract
a written or oral agreement in which all terms are explicitly stated
implied contract
an unwritten and unspoken agreement whose terms result from the actions of the parties involved
statute of frauds
state legislation governing written contracts
third party payor contract
a written agreement signed by a party other than the patient who promises to pay the patient's bill
breach of contract
when one party fails to comply with the terms of a legally valid contract
standard of care
the level of performance expected of a health care practitioner in carrying out his professional duties
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
general compensatory
damages - to compensate for injuries or losses due to violation of patient's rights
general compensatory
damages - specified by court. dollar value need not be proved; loss must be proved
special compensatory
damages - to compensate for losses not directly caused by the wrong
special compensatory
damages - specified by court. dollar value and loss must be proved
consequential
damages - to compensate for losses caused indirectly by a product defect
consequential
damages - no limit on damages if personal injury
punitive
damages - to punish the offender
punitive
damages - in some cases, amount of damages is set by law
nominal
damages - to recognize that rights of the patient were violated, though no actual loss was proved
nominal
damages - token award, usually $1
intentional tort
when one person intentionally harms another
statute of limitations
that period of time established by state law during which a lawsuit may be filed
statute of limitation
starts the alleged negligent act was committed
negligence
an unintentional tort alleged when one may have performed or failed to perform an act that a reasonable person would not or would have done in similar circumstances
Duty
4 D's of negligence, the person charged with negligence owed a duty of care to the accuser
derelict
4 D's of negligence, the health care provider breached the duty of care to the patient
direct cause
4 D's of negligence, the breach of the duty of care to the patient was a direct cause of the patient's injury
damages
4 D's of negligence, there is a legally recognizable injury to the patient
subpoena
a legal document requiring the recipient to appear as a witness in court or to give a deposition
subpoena duces tecum
a subpoena commanding a witness to appear in court and to bring certain medical records
state court
hears appeals from lower state courts
us supreme court
hears appeals from federal and state courts, has original jurisdiction in cases in which a state is a party
federal court
hears cases on appeal from the us claims court and the court of international trade; hears certain appeals from us district courts
physician gets license
4 years college, 4 years medical school, pass the US Medical Licensing Examination, residency, good moral character, state resident
physician renews license
average 50 hours of continuing education
physician loses/suspension license
conviction of a felony, unprofessional conduct, or personal/professional incapacity
a contract is valid when
legally binding, four elements must be present in a contract. Agreement, consideration, legal subject matter, contractual capacity
abandonment
the suspension of treatment of a patient w/o justification and proper notification
breach of contract
failure of either party to comply with the terms of a legally valid contract
how a physician avoids abandonment and breach of contract
notifying a patient in writing about the cancellation of treatment, complying with all legal term valid in the contract
intentional tort
when a person intentionally harms another, the law allows the injured party to seek a remedy in a civil suit
unintentional tort
acts that are not intent to cause harm. the most common tort is negligence
Alternative dispute resolution (ADR)
settlement of civil disputes between parties using neutral mediators or arbitrators without going to court
guardian ad litem
a person appointed by the court only to take legal action on behalf of a minor or an adult not able to handle his/her own affairs.
Good Samaritan law
state laws protecting physicians and sometimes other health care practitioner and laypersons from charges of negligence or abandonment if they stop to help a victim of an accident or other emergency
consent
permission from a patient, either expressed or implied, for something to be done by another
doctrine of informed consent
the legal basis for informed consent usually outlined in a state's medical practice act
informed consent
the patient's right to receive all information relative to his condition and then to make a decision regarding treatment based upon that knowledge
minor
are individuals in their mid-to late teens, not reaches the majority of age
emancipated minors
legally live outside parent or guardian control. A judge may declare minors emancipated if they are self supporting, married, or serving in the armed forces
sign of abuse
illlogical or unreasonable explanation for injuries
sign of abuse
frequently changing physicians, missed medical appointments
sign of abuse
attempts to hide injuries with makeup, sunglasses
sign of abuse
frequent anxiety, depression or loss of emotional control
sign of abuse
changes in appetite
sign of abuse
problems at school or on the job
medical record
owned by medical facility, the doctor, and the patient
Title VII of the Civil Rights Act
the law prevent employers from discriminating in hiring or firing on the basis of race, color, religion, sex, or national origin
OSHA
This act ensures the safety of workers and prohibits firing an employee for reporting workplace safety hazards or violations
CLIA
Clinical laboratory improvement act of 1988, provides minimum federal standards for quality laboratory testing
HMO Act
a health plan that combines coverage of health care cost and delivery of health care for a prepaid premium
COBRA The Consolidated Omnibus Budget Reconciliation Act of 1985
is a law passed by the U.S. Congress on a reconciliation basis and signed by President Reagan that, among other things, mandates an insurance program giving some employees the ability to continue health insurance coverage after leaving employment.
FLSA Fair labor Standard Act
regulates child labor, and provides for minimum wages and overtime pay
Workers' compensation act
both federal and state law designed to provide compensation to workers who are injured on the job or develop work-related illness
Age and Discrimination Act (ADEA)
equal pay act, prohibit discrimination in hiring, firing based on age for person over 40
Employee retirement income security act 1974 (ERISA)
regulates pension funds and employer benefit programs, as part of the provisions employers cannot prevent employees from collecting retirements benefits from plans covered by the act
Unemployment compensation
funds are managed jointly by state and federal government, under the federal unemployment tax act (FUTA). Employees are denied unemployment benefits for 3 reasons: they quit w/o cause, fired for misconduct, labor disputes
Regulation Z
applies in a health care setting such as: a patient and a physician make a bilateral payment agreement
huntington disease
detected by genetic testing
cystic fibrosis
detected by genetic testing
down syndrome
detected by genetic testing
fragile x syndrome
detected by genetic testing
gaucher's disease
detected by genetic testing
mucopolysaccharidosis
detected by genetic testing
phenylketonuria
detected by genetic testing
sickle-cell anemia
detected by genetic testing
Human Genome Project
a scientific project funded by the us government, begun in 1990 and successfully completed in 2000, for the purpose of mapping all of a human's genes
revocation
the cancellation of a professional license
suspension
the temporary withdrawal of a professional license
sterilization
The loss of reproduction capability due to radiation or disease
artificial insemination
the mechanical injection of viable semen into a woman's vagina
in vitro fertilization
the union of eggs and sperm outside of the body in a test tube or petri dish
surrogacy
an arrangement between an infertile couple and a woman who agrees to carry their child to term
abortion
is the termination of a pregnancy by the removal or expulsion from the uterus of a fetus or embryo, resulting in or caused by its death
miscarriage
is the spontaneous end of a pregnancy at a stage where the embryo or fetus is incapable of surviving, generally defined in humans at prior to 24 weeks of gestation.
res judicata
"the things has been decided" a claim cannot be retried between the parties once legally resolved
arbitration
is a method of settling disputes in which the neutral 3rd party resolves a decision is binding opposites parties
mediation
method in which a neutral party listens to both sides and then helps resolve the dispute
bonding
medical offices and other workplace locations where employees are responsible for collecting fees and handling financial matters
Hazard Communication Standard
an OSHA standard intended to increase health care practitioners awareness of risks, improve work practices and appropriate use of personal protective equipment, and reduce injuries and illnesses in the work place
life begins
at conception
life begins
first heart beat
life begins
outside the womb
living will
detailed instructions regarding a patient's wishes for end of life treatment
durable power of attorney
an advance directive that confers upon a designee the authority to make a variety of legal decisions on behalf of the grantor, usually including health care decisions
euthanasia
good health in greek, refers to mercy killing of the hopelessly ill
active euthanasia
conscious act that results in death of a dying person
passive euthanasia
allow patients to die naturally, without medical interference
voluntary euthanasia
the act of ending a dying patient's life by medical means with his permission
involuntary euthanasia
the act of ending a terminal patient's life by medical means without his permission
physician-assisted suicide
loosely refers to any of these euthanasia situations in which a doctor takes part in the patients death
Kubler-Ross Stage 1
stage indentified with feelings of denial and isolations
Kubler-Ross Stage 2
the patient or grieving relative progresses to anger, rage and resentment
Kubler-Ross Stage 3
Bargaining and guilt
Kubler-Ross Stage 4
Depression or sadness
Kubler-Ross Stage 5
Acceptance
hospice
a facility or program (often carried out in a patient's home) in which teams of health care practitioners and volunteers provide a continuing environment that focuses on the physical, emotional, and psychological needs of the dying patient
DNR order
Do not resuscitate
Uniform Anatomical Gift Act
a national stature allowing individuals to donate their bodies or body parts after death for use in transplants, surgeries, tissues, banks, or medical research or education
autopsy
a postmortem examination to determine cause of death and/or to obtain physiological evidence when necessary
authorization of autopsy
family members or law enforcement
confidential information under HIPAA
medical information
Standard 1
Transactions and codes set. Primary goal is administrative simplification
Standard 2
privacy rule. protecting the privacy of patients identifying information in any form or medium
Standard 3
Security Rule - provides security of electronic protected health information, requires general and specific protections for data stored and transmitted
palliative care
also called comfort care, treatment of a terminally ill patient's symptoms in order to make the dying more comfortable
Roe vs Wade
protects a citizen's right to privacy and thus the right to choose abortion.