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43 terms

CHAPTER 5 TEST LAW AND ETHICS

STUDY
PLAY
WHAT HAPPENDS IN LEGAL TERMS IS SOMETHING IS NOT WRITTEN IN A PATIENT CHART
Patients records are often used as evidence in medical malpractice cases,and improperdocumentation can lose a case.
What should a ma do when a patient doesnt show for his appoiment.
A ma should gather the patient record thsat didnt show or rescheduled and electronic or hand written schedule book should be dated, stamped and document " no show" or canceled no reschedule, respectively.
know the types of technical defense that we have.
released of the tortfeasor and statue of limitations,res judicata.
are statute of limitations the same in each state.
no, statute of limitation vary by state, health care practicioner must be familiar with spefic laws for their state.
what are the guide line guide lines to preventing malpractice claims.
a practicioner could prevent malpractice claims by using, the 4 c : caring communicate, complete and charting.
named two types of affermative defense that we have.
contributory negligence and comparative negligence
what are the responsibility of a health care practicioner lawsuit.
developing good listening skills and non verval conmmunication technique and not rusg with the patient. setting a period of time to returned patients phone calls. explan illness and treatment including riks and possibles complications in a way that the patient understand. avoid statements that could construted as an admition of fault, used good judgment and profecionalism in handling patients.
what are the 4 c of medical practice
caring, communication complete, charting
what is claim made insurance
a type of liability insurance that covers the insured only for those claims made(not for any injury occuring) while the policy is inforce
what is occurience coverage
a type of liability insurance that covers the insured for any claims arising from an incident that occurred or is alleged to have occured during the time the policy is in force regardless of when the claim is made
what is a released of tortfeaser
a technical defense that prohibits a lawsuit against the person who caused an injury( the tortfeasor) if he or she was expressily released from futher liability in the settlement of a suit
What is a contributory negligence
An affirmative defense that alleges that the plaintiff throught a lack of care, caused or contributed to his or her own injury
What is a tortfeasor
The person guilty of commiting a tort.
What does assumption of risk
A legal defense that holds that defense is not guilty of a negligent act because the plaintiff knew of and accepted before had any risk involved
What is an affermative defense
Defenses used by defendant in medical proffecional liability suits that allow the acuused caused by some factor other than the defedant negligence
What does statute of limitations apply to
The number of legal actions including collections damages for child sexual abuse retaining medical records wrongful death claim medical mal practice and many other cause of action ( specifies one to six years. Most common two years
what is the statute of limitations
that period of time established by the state law during wich a lawsuit may be filled
what is a technical defense
defences used in a law suit that are based on legal technicalities
what is prior acts insurance coverage
a suplement to a claim made insurance policy that can be purchased from a new carrier when health can be purchased from a new carrier when health care practiocioner changes carriers
what does denial mean in legal terms
denial of wrongdoing or the assertion of innocense may be used as defense in profecional liability suit
what does the doctrine of res judicata mean
the thing has been decided "legal practice that a claim cannot be retired between the some parties if it has already been legally resolved.
statutory law
law passed by the us congree or state legislature
what does it means when there is a breach of contract
may be charged if eitheir party falls to comply with the terms of a legally valid contract
res ispa loquitur
the thing speak for itself" also know as the doctrine of common knowledge. a situation that is so odviously negligent that no expert witness need be called
administartive law
enabling statues enacted to define power and procedures when an agency is created.
four phases of a law suit in the correct order pleading phase
court -will send a sepina for court to testified
interogatory-or pretrial discovery
trial phase- jury selected and trial begins
appeals phase- a appeal may be made for the case to be review.
the 4 ds
duty - person charged with negligence owned a duty to the accuser
derelict- the provider of care breached the duty of care to the patient
direct cause- the breach of care was direct cause of the patients injuries
damages there is a legally reconized injury/ damage to the patient.
duty, derelict, direct cause, damage
what is a misdemeanor
a crime punishedable by fine or imprisioment in a facility other than a prison for less than a year.
what is a felony
an offence punishable by death or by imprisonment in a state or federal prision for more than one year.
who is tortfeasor
the person guilty of comitting a tort
what is the law of agency
the law that governs the relationship between a principal and his or her agent ( employees act as agents of the employer when they perform their workplace duties) performing workplace duties.
what is a third party pay or contract
a written agreement signed by a party other than the patient who promise to pay the patients bill
what is a express contract
a written or oral agreement in wich all terms are explicity stated.(maybe written or oral)
what is a jurisdiction
the power and authority given to a court to hear a case and make a judgment.
what is the between intentional and unintentional tort.
intentional torts its when a person hurts somebody and they know they doing it wrong.(assault, battery, fraud)
when u are hurting someone but 4 are not intended to hurt or to cause harm (negligence)
what is a minor
any one under the age of 18 of majority, 18 years in most states, 21 years in some juridictions
what is a tort
a civil wrong committed against a person or property excluding breach of contract
what does void means
without legal force or effect (not legally enforcable)
what is criminal law
law that involves crimes against the state- charges are brought foward by the goverment
what is caselaw
law established through common law and legal precedent
what does it means when someone is considered mentally imcopetent
unable to fully understand all the terms and conditions of a transaction and therefore unable to enter into a legal contract.
what is a implied contract
an unwritten and unspoken agreement who terms result from the actions of the parties involved.
what is a contract
a voluntary agreement between two parties in wich specifics promise are made for a consideration