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61 terms

medical law and ethics final exam

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applied ethics
the practical application of moral standards that concern benefiting the patient
bioethics
a field resulting from modern medical advances and research
ethics
the branch of philosophy related to morals, moral principles, and moral judgments
medical practice acts
apply specifically to the way medicine is practiced in a particular state
principle of autonomy
people have the right to make decisions about their own life
utilitarianism
an ethical theory based on the greatest good for the greatest number
administrative law
branch of public law covers regulations that are set by government agencies
breach
neglect, of a legally binding agreement between two parties
case law
made by judges when they apply previous court decisions to current cases
checks and balances
designed so that no one branch could have more power than the another branch
legislative branch
congress, the law making body
judicial branch
judges and the federal courts, interprets the laws
executive branch
president and their cabinet, administers and enforces the law
civil law
concerns relationships either between individuals or between individuals and the government
consideration
part of the agreement
contract law
enforcable promises and agreements between two or more persons to do, or not do, a particular action
criminal law
made to protect the public as a whole from the harmful acts of others
defendant
person being sued
discovery
legal process by which facts are discovered before a trial begins
implied contract
agreement is shown through inference by signs, inaction, and silence
plaintiff
the person sueing
tort
civil injury, or wrongful act, commited against another person or property resulting in harm, and is compensated by money damages
subpoena
written command to appear in court
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
regulation
rules or laws made by agencies
statute
laws passed by legislative bodies either congress or a state legislative
negligence
an unintentional action
duty
physician and patient relationship
dereliction of duty
physician failed to provide correct standard of care
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
guardian ad litem
adult to act in the court on behalf of a child in litigation
statute of limitations
period of time that a patient has to file a lawsuit
respondeat superior
"let the master answer." employer is liable for acts of employee within the scope of employment
arbitration
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
malpractice
failure to meet professional standards of care that result in harm to another person
mediation
involves using the opinion of a neutral third person for nonbonding decisions
advanced directive
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
living will
allows a patient to set forth their intentions in advance to their treatment and care
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
agent or proxy
representitive designated by the patient to act on behalf of the patient
DNR
"do not resuscitate." means CPR cannot be used if the persons heart and breathing stops
abandonment
if physicians do not give formal notice of withdrawl from the case
implied consent
when patients indicate by their behaviors that they are accepting of the procedure
informed consent
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
chain of evidence or custody of evidence
to verify that the specimen has been handled correctly
three step ethics model
is it legal, is it balanced, how does it make me feel
common law
may explain or interpret the other sources of law
expert witness
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
patients obligations
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