53 terms

Medical Law Final key terms

prone to engage in lawsuits
decisions made by judges in the various courts that become rule of law and apply to future cases
rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority
codes of ethics
govern behavior of memebers and to increase the level of competence and standards of care w/in a group
the first code of ethics was written by him around 2250 b.c.
a discipline dealing w/ the ethical implications of biological research methods and results, especially in medicine
a voulntary credentialing process where applicants meet specific requirements
the process by which a professional license obtained in one state may be accepted as a valid one in other states by prior agreement w/out reexamination
medical practice acts
in all 50 states and have been established by statute to govern the practice of medicine
medical boards
bodies established by the authority of each state's medical practice acts for the purpose of protecting the health, safety, and welfare of health care consumers through proper licensing and regulation of drs and other health care practitioners
respondeat superior
let the master answer
associate practice
when two or more physicians decide to practice individually but agree to share office space and employees. They share expenses but not profits or liability
a network of independent physicians, hospitals, and other health care providers who contract w/ an insurance carrier to provide medical care at a discount rate to pts who are a part of the insurer's plan.
National practitioner data bank (NPDB)
mandatory for physicians when they apply for privileges at a hosiptal, and every 2 yrs for physicians alrady on the medial staff who whish to maintain their privileges. the NPDB man NOT disclose info to a medical malpractice insurer, defense attorney, or a member of the general public
constitutional law
based on a formal document that defines broad governmental powers. basded on the US constitution
statutory law
laws enacted by state or fed legislatures
appellate courts
hear cases on appeal from general trial courts and local courts
must have all 4 criteria: agreement, consideration, leagal subject matter, and contractual capacity
law of agency
the law that governs the relationship between a principal and his or her agent
one who acts for or represents another
legally responsible for their own acts
standard of care
the level of performance expected of a health care practitoner in carrying out his or her professional duties
reasonable person standard
we are responsible for our actions or failure to act
the failure to act when one should
res ipsa loquitur
the thing speaks for itself
monetary awards sought by plaintiffs in lawsuites
the phases of a lawsuit
pleading phase, pretrial, trial, appeals
trial phase
the jury is selected
a defense that claims innocence of the charges or that the case lacks one of the 4 D's
assumption of risk
a legal defense that holds that the defendant is not guilty of negligence b/d the plaintiff knew of and accepted beforehand any risks involved
technical defenses
defense used that leagl technicalities occured
res judicata
the thing has been decided
mediacl record
a collection of data recorded when a pt seeks medical treatment
fiduciary duty
a physicians obligation to his or her pt based on trust and confidence
doctrine of informed consent
implies that the pt understands: proposed modes of treatment, why the treatment is necessary, risk involved in proposed treatment, available alternatives, risk of alternatives, and risk involved if treatment is refused
Roe vs Wade
1973 supreme court decision that legalized abortion in the US and allowed state regulation of abortion
freedom from unauthorized intrusion
1996 act for the purpose of increasing efficiency and effectiveness of the US health care system by electronic exchange of administrative and financial data. Improve security and privacy of pts, and decrease us health care system transaction costs
business associates
not covered entities BUT covered entities must have contracts or agreements w/ thsiness associates that conduct certain activities on behalf of those covered entities
electronic transmission
the sending of info from one network connected computer to another
limited data set
protected health info from which certain specified, direct indentifiers have been removed
Wagner Act of 1935
act makes it illegal to discriminate in hiring or firing b/c of union membershi9p or organizational activities
title VII of the Civil rights act of 1964
prevents employers from discriminating in hiring or firing on the basis of race, color, religion, sex, or national orgin
rehabilitation act of 1973
prohibits discrimination in employment practices based on physical disabilities or mental health
1976 pregnancy discrimination act
illegal to fire an employee based on pregnancy, childbirth, or related medical condition
title I and V of the americans w/ disabilities act of 1990
ban discrimination against disabled persons and mandate equal access to facilities and grounds
civil rights act of 1991
provides monetary damages in cases of intentional employment discrimination
Family leave act of 1991
12 weeks of unpaid leave for employers w/ 50 or more employees for maternity, adoption, or caring for ill family members
the federal register
us government publication that contains all administrative laws
right to know laws
state laws that allow employees access to info about toxic or haz mat, employer duties, employee rights, and other workplace health and safety issues
HCS (hazard communication standard)
an OSHA standard to increase health care practitioners awareness of risks, improve work practices and appropriate use of PPE, reduce injuries and illnesses in the workplace
Bloodborne pathogen standard
OSHA can levy fines for violations leading to employee exposure to bloodborne patogens bassed upon guidelines issued by the CDC
CDC guidelines state:
never eat, drink, or smoke in the lab