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50 terms

Law & Ethics - Final Exam

STUDY
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Medical records are legal if kept on what type of media
paper, microfilm, and computer tape or disks
The health care practitioner who comes to the aid of an accident victim at the scene would NOT be liable under which defense
emergency
Under which doctrine can a claim NOT be retried between the same parties if it has already been legally resolved
res judicata
What is the power and authority given to a court to hear a case and make a judgment called
jurisdiction
What do you cll the assertion of innocence as a defense against malpractice charges
denial
Patients medical records are the property of whom
the owners of the facility where they were created
How do you correct an error
draw a line throught the mistake, label it as a correction, and date and initial it
What is the highest law of our country
the U.S. Constitution
As employers, physicians have general liability for what
1. the practice's building and grounds
2. employees using their automobiles for work purposes
3. employee safety on the job
What do you call the means of issuing a medical license by prior arrangement between two states
reciprocity
Define what a law is
a rule of conduct
We are responsible for our actions or our failure to act, under what standard
the reasonable-person standard
What is the legal basis for a patient's permission for medical treatment
doctrine of informed consent
What do you call laws enacted by state or federal legislatures
statutes
What is an example of what a physician must do under a physician-patient contract
is bound to note any allergic or adverse reactions to medications reported by the patient before treatment
What do you call to charge someone with a crime
indict
What is awarded to a plaintiff when a defendant is found guilty of a tort
damages
What document serves as a guideline for all employees of a medical facility, regarding professional ethics and etiquette
the office policy manual
Can patient medical records be released to a third party without written permission
should not be released to a third party without written permission
Usually when is the begining of the statutory period
the day the alleged negligent act was committed
What is the defense based upon the assumption that the patient knew of the inherent risk before treatment was performed
Assumption of risk
What are two types of alternative dispute resolution
alternate dispute resolution
What do you call the criteria by which our actions are judged competent or incompetent
satand of care
What do yo call remote consulation with physicians via telephone, close-circuit television, or the Internet
telemedicine
What should requests for information from insurance companies or other sources list
List the purpose for which dta will be used
What is synonym for "good manners?"
etiquette
What is the law that waives consent in medical emergencies
good samaritan act
When a medical office employee acts on behalf of his or her employer, what does the act fall under
the law of agency
What must be done when one party makes an offer to another
must be communicated
Which doctrine says a suit cannot proceed if a certain time period has elapsed
statute of limitations
When a defendant is found guilty of a tort, the plaintiff is awarded compensation based upon what
1. extent of injuries
2. loss of income
3. damage to reputation
In what kind of instances, may statutes of limitations apply
1. collections
2. medical malpractice claims
3. child sexual abuse claims
Physicians have a duty of care first toward whom
their patients
What type of contract results from the conduct of the parties involved, rather than from expressed or written words
implied contract
The concept of respondeat superior is based upon what law
law of agency
What is the basis for ethical conduct, formed throught the influences of the family, culture, and society
moral values
Informed consent implies that the patient understands
1. the proposed modes of treatment
2. reasons the treatment is necessary
3. risks involved in the proposed treatment
When is consent unneccessary
in emergency situations
What practice assures that all government regulations are followed by a medical practice or insurance plan
compliance plan
What is NOT a guideline to follow that may help prevent malpractice lawsuits
always express optimism about the outcome of apatients care
What federal act established the National Practitioner Data Bank, which encourages professional peer review
Health care Quality Improvement Act
Which law allows "whistleblowers" to bring suit for fraud on behalf of the government and to share in any court-awarded damages
Federal False Claims Act
Are medical records legal documents
legal documents
Define liability
the legal responsibility of competent adults for their own acts
What is the purpose of formalized codes of ethics in the health care profession
to increase the competence and standard of care within the profession
What type of law governs certain activities between and among persons, or between persons and the government
civil
What federal act provides for protections of health insurance coverage when qualified workers change jobs
health insurance portability and accountability act
Studying law and ethics helps youb gain perspective in which areas
1. how rising costs affect the health care industry
2. how patients are affected by legal and ethical issues
3. how advancing technology impacts patients and patient care
What do you call the practice of identifying problem practices or behaviors, then eliminating or controlling them to reduce liability risk
risk management
When do medical office personnel act as agents for their employer
1. a health maintenance organization
2. a clinic
3. a single physician