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Today's Medical Assistant > Ch # 3 : Ethics & Law > Flashcards

Ch # 3 : Ethics & Law Flashcards

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USMLE® Step 1 flashcards
1
Q

Failure 2 continue 2 provide medical care 2 a patient w/out proper notification

A

Abandonment

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2
Q

A bill or measure that has become law

Often refers to legislation w/several parts

A

Act

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3
Q

A person who intercedes on another person’s behalf

A

Advocate

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4
Q

A formal process whereby the parties 2 a dispute agree 2 submit 2 the decision of a neutral party

A

Arbitration

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5
Q

A defense 2 a lawsuit that establishes that the plaintiff assumed the risk of whatever caused the injury

A

Assumption of risk

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6
Q

Ability 2 make independent decisions w/out constraint or coercion by others

A

Autonomy

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7
Q

Acting in the best possible way

Preforming good deeds

A

Beneficence

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8
Q

Law established by decisions of previous court cases

A

Case law

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9
Q

Law that regulates relationships and interactions between individuals and groups

A

Civil law

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10
Q

Producing genetically identical cells or individuals artificially

A

Cloning

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11
Q

An unwritten body of law based on general custom

A

Common law

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12
Q

A defense 2 a lawsuit that establishes a percentage of responsibility 4 injury on the part of the plaintiff

A

Comparative negligence

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13
Q

A condition that must b met b4 a contract is binding

A

Contingency

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14
Q

A defense 2 a lawsuit that establishes any responsibility 4 injury on the part of the plaintiff

A

Contributory negligence

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15
Q

A drug that has potential 4 addiction or abuse

A

Controlled substance

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16
Q

An offense in violation of a law that prohibits or requires certain behavior

A

Crime

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17
Q

Law that regulates offenses against the public welfare

A

Criminal law

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18
Q

The person or group against which an action is brought in a court of law

A

Defendant

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19
Q

Testimony given under oath 2 an officer of the court b4 a trial

A

Deposition

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20
Q

A medical order signed by a physician that relieves health care personal of the obligation 2 resuscitate a patient who stops breathing.

A

Do-not-resuscitate order

DNR order

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21
Q

The federal agency that enforces the Controlled Substances Act of 1970

A

Drug Enforcement Administration

DEA

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22
Q

Commitment 2 act in a certain way

A

Duty

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23
Q

A person younger than the age of 18 w/the rights of an adult including the ability 2 consent 2 medical care

A

Emancipated minor

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24
Q

Fraudulent appropriation of funds or property of an employer or client

A

Embezzlement

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25
Q

Branch of knowledge that deals w/standards of behavior or beliefs

A

Ethics

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26
Q

A serious crime punishable by death or imprisonment

A

Felony

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27
Q

Faithfulness

A

Fidelity

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28
Q

Intentional deception resulting in injury or loss

A

Fraud

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29
Q

Giving patients new genes or parts of genes 2 treat a disease or condition

A

Gene therapy

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30
Q

Making, alternating or repairing genetic material

A

Genetic engineering

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31
Q

A legal document that names an advocate 2 make decisions about a person’s medical care if he/she becomes unable 2 make wishes known

A

Health care proxy

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32
Q

Agreement 2 a medical procedure based on understanding of the procedure and it’s possible consequences and effects

A

Informed consent

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33
Q

Stealing another persons property or money w/out violence

A

Larceny

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34
Q

Legal responsibility

A

Liability

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35
Q

Official permission 2 perform an activity or practice a profession

A

License

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36
Q

The process by which the state examines qualifications and gives permission 2 an individual or organization 2 engage in a profession or business

A

Licensure

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37
Q

The process of taking a lawsuit through the courts

A

Litigation

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38
Q

A legal documentation that specifies the kind of medical treatment a patient wants or does not want if he/she becomes incapacitated

A

Living will

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39
Q

A crime or wrongdoing that is illegal or contrary 2 official obligation

A

Malfeasance

40
Q

Negligence by a professional

A

Malpractice

41
Q

An individual that is younger than 18 w/the maturity 2 provide informed consent 4 certain medical procedures

A

Mature minor

42
Q

Negotiation by a 3rd party 2 help 2 parties resolve a dispute

A

Mediation

43
Q

A written authorization 2 make health care decisions 4 a specified individual that is in effect if the individual becomes incapacitated

A

Medical durable power of attorney

44
Q

A less serious crime, punishable by a fine or imprisonment 4 less than 1 year

A

Misdemeanor

45
Q

Performing a legal act in an improper way

A

Misfeasance

46
Q

Failure 2 act, or refrain from acting, as a reasonably prudent person would in similar circumstances

A

Negligence

47
Q

Failing 2 perform an act that should have been performed, resulting in injury

A

Nonfeasence

48
Q

Ethical concept requiring that an action do no harm, or do less harm than good

A

Nonmalfeasence

49
Q

The person or group that makes the complaint in a lawsuit

A

Plaintiff

50
Q

An order 2 a pharmacist 2 dispense a supply of medication

A

Prescription

51
Q

A special immunity that protects against legal libility

A

Privilege

52
Q

Using care or common sense

A

Prudent

53
Q

Automatic issuing of a license in 1 state 2 the holder of a license in another state

A

Reciprocity

54
Q

A legal doctrine that assumes negligence because of the type of injury

A

Res ipsa loquitur

55
Q

A legal doctrine making an employer liable 4 the negligent acts of employees

A

Respondeat superior

56
Q

A claim that is expected 2 be honored

These involve: -living

                         - privacy
                         - autonomy
                         - the means 2 sustain life
A

Right(s)

57
Q

Level of appropriate care required of a health professional

A

Standard of care

58
Q

A law limiting the time period 4 beginning a lawsuit

A

Statute of limitations

59
Q

2 different names 4 a law enacted by a legislative body

A

Bill

Statutory law

60
Q

Cells that have the capacity 2 develop in2 various types of body tissues

A

Stem cells

61
Q

A court order 4 a witness 2 appear and give testimony

A

Subpoena

62
Q

A court order 2 produce documents or records

A

Subpoena duces tecum

63
Q

An injury or wrong against a person or property that does not involve breach of contract

A

Tort

64
Q

Truthfulness

A

Veracity

65
Q

A belief about what is right or wrong

A

Morals

66
Q

This right is mentioned in the Declaration of Independence and is found in all major religions and traditions

These days it is associated w/the movement against abortion

This right also involves the controversy over physician assisted suicide

A

Right 2 life

67
Q

This right was declared by the Supreme Court that people have an implicit right 2 privacy as outlined in the 4th Amendment of the Bill of Rights

4 example, in the health field, this can involve a patients right 2 confidentiality regarding taking birth control or having an abortion

A

Right 2 privacy

68
Q

This right involves the patient’s right 2 make independent decisions about their own healthcare according 2 their own values and concerns even when they r in conflict w/the medical community or the patient’s own physician

A

Right 2 autonomy

69
Q

This right states that every individual has a right 2 obtain resources essential 4 daily living and preserving human dignity

A

Right 2 the means 2 sustain life

70
Q

This duty involves the concept of nonmalfeasance meaning that the medical benefits should outweigh any adverse effects 2 the patient

A

Duty 2 do no harm

71
Q

This duty involves the concept of beneficence and giving top performance when performing 1’s duties

This duty is considered 2 b an extension of the duty of doing no harm

A

Duty 2 do the best possible

72
Q

This duty involves the concept of fidelity and the patient’s assumptions regarding the healthcare services they receive

Example: the assumption that they will b treated w/dignity

A

Duty 2 b faithful 2 reasonable expectations

73
Q

This duty involves the concept of fidelity and the expectation that the patients needs come 1st

This involves doing tasks 2 protect patient’s rights like:

  • suggesting appropriate referrels to the physician
  • making sure insurance claims r complete 4 the patient
  • following up w/patients so that they receive insurance coverage
A

Duty 2 b a patient advocate

74
Q

This duty involves the concept of veracity and the implication that all health personal will b honest at all times

A

Duty 2 tell the truth

75
Q

This duty involves the concept of justice and the patients right 2 b treated equally 2 others when it comes 2 receiving resources

A

Duty 2 give each person a fair share

76
Q

This ethical conflict involves the issues of contraception and abortion

This issue deals w/the conflict of perceived natural or “god” given rights vs. the individuals right 2 autonomy

Example: the Catholic Churches stance against birth control. Does religious beliefs override an individual choice over their own life decisions?

A

Ethical conflict pertaining 2 reproductive issues

77
Q

This ethical conflict involves the use of embryonic tissue for research purposes in order 2 develop new treatments 4 diseases

A

Ethical conflict 4 stem cell research

78
Q

This ethical conflict involves the practice of making, altering genetic mistakes or reproducing genetic identical cells or individuals

Example: injecting cows w/growth hormones 2 produce more milk. The growth hormone is found in the milk of these cows. The argument is over the unpredicted effects of humans ingesting this milk vs. the farmers right 2 make changes 2 increase their cows milk output 4 financial reasons

A

Ethical conflict 4 genetic engineering and cloning

79
Q

This ethical conflict involves the patient’s right 2 make their own decisions in regards 2 refusing treatments 4 euthanasia purposes

Example: do physicians have the right 2 help the terminally ill when it comes 2 “death w/dignity?” This conflict arises do 2 the mandate of 2 do no harm that all physicians pledge 2 uphold.

A

Ethical conflict 4 refusing or w/holding treatment and physician assisted suicide

80
Q

This ethical conflict involves the Patient Self-Determine Act of 1990 that allows patients 2 make advanced choices about treatment in terminal or end-of-life decisions

This involves legally signed documents from the patient:

  • DNR’s
  • living wills
  • healthcare proxies
  • organ donor cards
A

Ethical conflict of advanced directives

81
Q

This is a type of advanced directive involving the patient’s wishes 2 w/hold treatment during a future cardiac or respiratory arrest

The physician sign’s an order 2 w/hold treatment during cardiac or respiratory arrest and puts it in2 the patients medical record

A

Do-not-resuscitate order

DNR order

82
Q

This is a type of advanced directive involving the patients wishes about which life-prolonging actions should or should not b taken

A

Living will

83
Q

This is a type of advanced directive involving the patient naming a healthcare agent 2 make health decisions 4 them only when they become incapable of making their own decisions

A

Health care proxy

84
Q

This is a type of advanced directive involving a written authorization 2 act on the behalf of another that remains in effect, even if the granter becomes incapacitated

This authorization only applies 2 healthcare decisions

A

Durable power of attorney

85
Q

This is a type of advanced directive involving the patient’s wishes 4 donation of 1’s organs after death

Many states now indicate the individuals decision 4 this issue on their driver’s license or state ID card

A

Organ donor status

86
Q

A type of ethics that determines that the MA cannot w/hold information related 2 the medical condition given by the patient from the physician even when the MA does not agree w/how the physician is managing a patient’s care

A

Professional ethics

87
Q

A type of ethics having 2 do w/the guidelines 4 an entire organization that influences the policies of the organization and the conduct of employees in the work place

A

Organizational ethics

88
Q

This involves measures 2 respond 2 conflict between different values and their relative importance in order 2 decide on a course of action

2 decide on a course of action, take these 6 steps:

1) gather information
2) identify conflicting values
3) determine the relative importance of conflicting claims
4) explore alternatives
5) choose and justify 1 alternative
6) implement the decision

A

Process used 2 make ethical decisions

89
Q

The US legal system is divided in2 2 parts:

1) Laws that define the relationship between the individual and
society as a whole. Criminal law is used 2 refer 2 the laws that
protect society and r punishable regardless of whether any1 was
harmed by the act because it’s an offense against the public
welfare

2) Civil laws that deal w/relationships and disputes between
individuals and/or groups. These laws r punishable only when
some1 is injured or damaged resulting in liability. This includes
breach of contracts and/or torts

A

Public law vs private law

90
Q

Torts that involve:

  • abandonment
  • assault
  • battery
  • defamation
  • false imprisonment
  • invasion of privacy
  • misrepresentation
A

Intentional torts

91
Q

Torts involving:

  • negligence
  • strict liability (when some1 is injured by products or equipment)
A

Unintentional torts

92
Q

When the patient fully understands the treatment or procedure 2 b preformed and allows it 2 happen

A

Informed consent

93
Q

The name given to the requirements 2 prove professional negligence

Requirements:

  • the person who caused the injury has a duty 2 the injured person
  • the person was derelict in performing their duties
  • the failure 2 perform the duty directly caused the injury
  • failure 2 perform the duty caused damage or injury
A

The 4 D’s of malpractice

94
Q

This act states the need 4 employers 2 make “reasonable accommodations” 4 any individual w/a physical or mental disability that is qualified 2 perform the job

An amendment was made 2 this act in 2008 to make is easier 4 individuals 2 legally claim this protection

A

Americans w/Disabilities Act

ADA

95
Q

This act was passed in 1970 to create a federal agency responsible 4 the physical protection of employees in the workplace

This agency has 2 specific functions:
1) The creation of the Bloodborne Pathogens Standard that
provides health care workers w/procedures 2 prevent exposure
2 pathogens that cause disease.
2) It regulates exposure of employees 2 hazardous chemicals in the
workplace and requires employers 2 inform their employees of
the hazards of any chemicals used.

A

Occupational Safety and Health Act

OSHA

96
Q

The act that gave incentives 2 encourage the adoption of electronic health records by physicians and healthcare facilities and created a national healthcare infrastructure

A

Health Information Technology for Economic and Clinical Health Act

(HITECH)

97
Q

This act was created in 2010 to reform health insurance practices so that more Americans could have access 2 affordable, high-quality health insurance. This act also made it illegal 4 health insurance companies to deny coverage 4 people w/preexisting conditions.

A

Patient Protection and Affordable Care Act

Aka: Obamacare

Today's Medical Assistant (46 decks)

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