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concerns relationships either between individuals or between individuals and the government
enforcable promises and agreements between two or more persons to do, or not do, a particular action
civil injury, or wrongful act, commited against another person or property resulting in harm, and is compensated by money damages
subpoena duces tecum
"under penalty, take with you." court order requiring a witness to appear in court and to bring certain records to a trial or deposition
standard of care
ordinary skill and care that medical practitioners such as physicians, nurses, ect, must use as determined by their state license or certification
prudent person rule
healthcare profesional must provide information to a patient that a reasonable, prudent person would want before he or she makes a decision about treatment or refusal of treatment
good samaritan act
laws that help protect from liability healthcare professionals and ordinary citizens who provide emergency care to an accident victim
"let the master answer." employer is liable for acts of employee within the scope of employment
submitting a dispute to a person other than a judge, is becoming a popular means for resolving a civil dispute
assumption of risk
the legal defense that prevents a plaintiff from recovering damages if the plaintiff voluntarily accepts a risk associated with the activity
written statements in which people state the type and amount of care they wish to recieve during a terminal illness and as death approaches. includes the living will, durable power of attorney, uniform anatomical gift act, and DNR
uniform anatomical gift act
allows a person 18 and older and of sound mind to make a gift of any orall body parts for the purpose of organ transplantation or medical research
durable power of attorney
when signed by the patient allows an agent or representitive designated by the patient to act on behalf of the patient
means that the patient agrees to the proposed course of treatment after having been told about the possible consequences of having or not having certain procedures and treatments
person called as a witness in a case where the subject matter is beyond the general knowledge of most people in the court or on the jury
pay the bill, notify the physician of past medical history, follow physicians instructions
corrections to medical records
draw a single line though the error, writing the correction above the error, dating the change, and then initialing it
procedures if subpoena recieved
notify the physician, notify the patient or patients attorney, copy and produce only information that was requested
minimum necessary standard
provider must make a reasonable effort to limit the disclosure of patient information to only the minimum that is necessary to accomplish the purpose of the request
protected health information
refers to any individually identifiable informatioin that relates to all past, present, and future physical or mental conditions or the provision of healthcare to an individual
medical providers obligations under HIPAA
improve the portability of health insurance. combat fraud, abuse, and waste in healthcare. promote the expanded use of medical savings acount. simplify the administration of health insurance
rights based ethics
based on the premise that there are moral entitlements by virtue of being human (i.e., the right to healthcare, the right to free speech).
duty based ethics
based on absolute moral rules. this theory is based on the premises that universal principles should guide all actions. these absolute rules or principles will help us to determine what constitutes our duty toward others.
exceptions to consent
a physician need not inform a patient about risks that are commonly known. a physician who believes the disclosure of risks may be detrimental to the patient is not required to disclose them. if the patient asks the physician not to disclose the risks, then the physician is not required to do so. a physician is not required to restore patients to their original state of health. a physician may not be able to elicit a cure for every patient. a physician cannot gurantee the successful results of every treatment
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