Chapter 2- Law and Ethics Flashcards
Common Law
Traditional laws outlined in the Constitution
Stare Decisis
The previous decision stands
4 Groups of Public Law
Criminal Law
Constitutional law
Administrative law
International law
Criminal Law
Concerned with issues of citizen welfare and safety, e.g. arson, burglary, rape
Constitutional law
commonly called the law of the land, e.g. abortion and civil rights.
Administrative law
Regulations set forth by governmental agencies
International law
Pertains to treaties between countries.
Private law
AKA civil law, focuses on issues between private citizens
Malpractice
An action by a professional health care worker that harms a patient
Medicolegal
Legal issues involving the medical field
4 reasons for rise in malpractice claims
Scientific advances
Unrealistic expectations
Economic factors
Poor communication
Review responsibilities of the patient and physician
On page 29
3 main goals of the patients bill of rights
- Help patients feel more confident in the US health care system
- Stress importance of a strong relationship betwween patients and health care providers
- Stress role patients play in staying healthy
3 components of a contractual agreement
Offer
Acceptance
Consideration
What must be present for a contract to be valid?
All 3 elements of a contract
Implied contract
Not written, but assumed by the actions of the parties, most common kind b/w physicians and patients
Express contracts
Can be written or oral, consist of specified details
Info to be included in writing if physician wishes to cancel a patient relationship
- Statement of intent to terminate
- Reason for termination
- Termination date 30 days from receipt of letter
- State medical records will be transferred upon request
- Strong recommendation for patient to seek additional medical care
Abandonment
Contract is not properly terminated by physician
Locum tenens
Substitute physician
Informed consent
AKA express consent, patient’s right to know every benefit, risk or alternative to suggested treatment and possible outcome if no treatment is done.
When should patient NOT sign consent form
- Don’t understand procedure
- Has unanswered questions about procedure
- Unable to read consent form
To whom do medical records belong?
Physician, but information belongs to patient
Legally required disclosures
Responsibility of health care facilities to report certain events to governmental agencies without patient’s consent.
Situations the fall under legally required disclosures
Vital statistics, Medical examiners reports, infectious or communicable disease, Abuse, neglect, or maltreatment Violent injuries Vaccine side effects
Who sets limits on the the duties of a medical assistant?
The Physician-Employer
Certification
Voluntary process regulated through a professional agency.
3 types of malpractice
Malfeasance- incorrect treatment
Misfeasance- treatment performed incorrectly
Nonfeasance- treatment delayed or not attempted
Tort
Wrongful acts resulting in harm for which restitution must be made
Negligence
Failure to take reasonable precautions to prevent harm
Res Ispa Loquitur
The thing that speaks for itself
4 elements needed to prove negligence
- duty
- Dereliction of duty
- Direct Cause
- Damage
Intentional tort
-Act taking place with malice and intent of causing harm
Duress
Being coerced into an act
Care given without the patients consent constitutes?
Assault
Tort law
Governs righting of wrongs or injuries because of another persons wrongdoing or misdeeds
Who can sign a consent form?
Mentally competent adult, not under medication or other substances.
When can a minor sign a consent form?
- In the armed services
- Requesting treatment for communicable diseases and STD’s
- Pregnant
- Birth control, abortion, drug, and alcohol abuse counseling
- Emancipated
Dereliciton of Duty
Patient must prove the physician did not meet standard of care.
3 types of jury awards
Nominal- minimal injuries or damages, small $ compensation
Actual- $ awarded for injury, pain and mental suffering, loss of income, $ moderate to significant
Punitive- $ awarded to punish the practioner, damages are costly
Res judicata
The thing has been decided
Contributory negligence
Physician admits that negligence has occured ; patient aggravated the injury or assisted in making the injury worse.
Respondeat Superior
Let the master answer, aka law of agency; implies physicians are liable for the actions of their employees.
Civil Rights Act of 1964
Employers can’t discriminate based on race, color, sex, religion, or national origin
Medical assistant’s role in ethics
- Protecting patient confidentiality
- Following all state and federal laws
- Being honest in all your actions
Bioethics
Moral issues and problems that affect human life.
