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Medical Assisting: Administrative and Clinical Competencies > 3. Legal Issues > Flashcards

3. Legal Issues Flashcards

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USMLE® Step 1 flashcards
1
Q

Can include physical, sexual, psychological or emotional, neglect, abandonment, and financial exploitation.

A

Abuse

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2
Q

Agreeing verbally or in writing to the terms of a contract, which is one of the requirements of an enforceable contract.

A

Acceptance

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3
Q

A living will.

A

Advance Directives

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4
Q

Passed by Congress in 2010 by Pres. Obama.

A

Affordable Care Act (ACA)

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5
Q

2008 amendment that changed the definition of disability to offer a wider range of coverage of individuals to the maximum extent.

A

Americans with Disabilities Act Amendments Act (ADAAA)

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6
Q

Private, judicial determination of a dispute and an alternative to court action that is just as final and binding.

A

Arbitration

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7
Q

Being sure of a criminal defendant’s guilt to a moral certainty.

A

Beyond a Reasonable Doubt

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8
Q

Having the mental competency to make health care decisions, or execute a will at the time the will was signed and witnessed

A

Capacity

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9
Q

Traditional unwritten laws of England, based on custom and usage, which began to develop over a thousand years before the founding of the United States.

A

Common Law

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10
Q

Damages recovered in payment for actual injury or economic loss.

A

Compensatory Damages

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11
Q

physician self-referral is the practice of a physician referring a patient to a medical facility in which he or she has a financial interest.

A

Conflict of Interest

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12
Q

Permission given for something.

A

Consent

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13
Q

Vital element in the law of contracts that must be bargained for by all parties and is the essential reason for a party entering a contract.

A

Consideration

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14
Q

Party sued in a civil lawsuit or the party charged with a crime in a criminal prosecution.

A

Defendant

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15
Q

A live person being questioned under oath y an attorney who is party to the proceeding and takes place prior to the case before going to the judge and jury.

A

Deposition

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16
Q

Health care power of attorney. Instruction from the patient to all who might need to know that the patient has empowered a representative to make healthcare decisions and the discontinuation of life support.

A

Durable Power of Attorney

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17
Q

Patient records in a digital format.

A

Electronic Medical Records (EMR)

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18
Q

The aggregate electronic records of health-related information on an individual that is created and accessible amongst multiple health care organizations.

A

Electronic Health Records (EHR)

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19
Q

A minor who may not require parental permission for medical or surgical care.

A

Emancipated Minor

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20
Q

Unauthorized or improper use of the resources of an elder for monetary or personal benefit, profit, or gain.

A

Exploitation (Financial Abuse)

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21
Q

Patient directly communicates his or her consent to the physician.

A

Express Consent

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22
Q

Legislation enacted by Congress and signed by the president.

A

Federal Law

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23
Q

Crime sufficiently serious to be punishable by death or a term in state or federal prison.

A

Felony

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24
Q

Act that prohibits discrimination in group health plan coverage based on genetic information.

A

Genetic Information Nondiscrimination Act (GINA)

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25
Q

Act that protects individuals who decide to provide help and serve those who are injured.

A

Good Samaritan Act

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26
Q

Person who has been appointed by a judge to take care of a minor child or incompetent adult personally and/or manage that person’s affairs.

A

Guardian

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27
Q

Carelessness to the point of reckless disregard for the safety or lives of others.

A

Gross Negligence

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28
Q

Act passed in 1996 that affords certain protects to persons covered by health care plans.

A

Health Insurance Portability and Accountability Act (HIPAA)

29
Q

Title 1. Provides federal protections for personal health information held by covered entities and give patients an array of rights with respect to that information.

A

HIPAA Privacy Rule

30
Q

Title 2. Establishes national standards to protect individuals’ electronic personal health information that is created, received, used, or maintained by a covered entity.

A

HIPAA Security Rule

31
Q

The legal requirement for obtaining consent before providing medical care has always been tempered by the privilege to render emergency medical care without the patient’s consent.

A

Implied Consent

32
Q

Like insanity and is a LEGAL condition.

A

Incompetence

33
Q

Agreement to do something or to allow something to happen only after all the relevant facts are known.

A

Informed Consent

34
Q

Authority given by law to a court to try cases and rule on legal matters within a particular geographic area and/or over certain types of legal cases.

A

Jurisdiction

35
Q

Act of exercising the power and function of making laws that have the force of authority by virtue of their origin by a state legislature or U.S. Congress.

A

Legislating

36
Q

Written form of defamation.

A

Libel

37
Q

Latin for “To hold the place of”.

A

Locum Tenens

38
Q

Enables the provider to ask questions of the young person in order to determine whether or not the minor has the maturity to provide his or her own consent for treatment.

A

Mature Minor

39
Q

Type of dispute resolution where the parties to a lawsuit meet with a neutral third party (the mediator) in an effort to settle the case.

A

Mediation

40
Q

Act or continuing conduct of a physician or hospital that does not meet the standard of professional competence and results in provable damages to the patient.

A

Medical Malpractice

41
Q

Lesser crime than a felony, punishable by a fine and/or county jail time for up to one year.

A

Misdemeanor

42
Q

Failure or refusal of a care-giver or other responsible person to provide for an elder’s basic physical, emotional, or social needs, or failure to protect the elder from harm.

A

Neglect

43
Q

Guilty of neglect; lacking in due care or concern; act of carelessness.

A

Negligence

44
Q

Specific proposal to enter into an agreement with another;

A

Offer

45
Q

Requires any health care provider accepting Medicare or Medicaid to inform the patient (1) of his or her right to accept or refuse treatment, (2) of his or her rights regarding advance directives under state law, and (3) of any hospital or provider policies regarding withholding or withdrawing life-sustain-ing equipment.

A

Patient Self-Determination Act (PSDA)

46
Q

Party that initiates a lawsuit by filing a complaint with the clerk of the court against the defendant(s) demanding damages, performance, and/ or court determination of rights.

A

Plaintiff

47
Q

Legal document authorizing a person to act as another’s attorney, legal representative, or agent.

A

Power of Attorney

48
Q

The greater weight of the evidence required in a civil (noncriminal) lawsuit for the trier of fact (jury or judge without a jury) to decide in favor of one side or the other.

A

Preponderance of the Evidence

49
Q

communication between parties to a confidential.

A

Privileged Communication

50
Q

the entitlement to anything that is owned by a person or entity.

A

Property Right

51
Q

the government attorney charging and trying the case against a person accused of a crime, or a common term for the government’s side in a criminal case.

A

Prosecution

52
Q

damages awarded in a lawsuit as a punishment and example to others for malicious, evil, or fraudulent acts.

A

Punitive Damages

53
Q

rule of evidence is important in many malpractice suits, not a rule of substantive law.

A

Res Ipsa Loquitur

54
Q

identification of all exposure to financial loss of a business and includes the selection of techniques to manage those exposures

A

Risk Management

55
Q

Let the master answer.

A

Respondeat Superior

56
Q

Spoken defamation.

A

Slander

57
Q

the watchfulness, attention, caution, and prudence that a reasonable person in the circumstances would exercise.

A

Standard of Care

58
Q

the burden that the plaintiff or prosecution must meet in presenting their case;

A

Standard of Proof

59
Q

legislation enacted by the state legislature and signed by the governor.

A

State Law

60
Q

a federal or state written law enacted by the Congress or state legislature respectively.

A

Statute

61
Q

A statute prescribing a period of limitations for bringing.

A

Statute of Limitations

62
Q

Legally enacted; deriving authority from law.

A

Statutory Law

63
Q

Court process initiated by a party in litigation, compelling production of specific documents and other items in relevance to facts at issue in pending judicial proceedings.

A

Subpoena Duces Tecum

64
Q
A

Supremacy Clause

65
Q
A

Uniform Anatomical Gift Act (UAGA)

66
Q
A

Vicariously Liable

67
Q
A

Wounds of Violence

68
Q
A

Wrongful Death

Medical Assisting: Administrative and Clinical Competencies (59 decks)

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