Chapter 3: Medical Assisting Legal and Ethical Issues Flashcards
rules of conduct with respect to a particular class of actions, based on ideas about what is morally good and bad
ethics
the party that initiates a lawsuit by filing a complaint with the clerk of the court against the defendent(s) demanding damages, performance, and/or court determination of rights
plaintiff
an act of continuing conduct of a physician or hospital that does not meet the standard of professional competence and results in provable damages to the patient
medical malpractice
legislation enacted by congress and signed by the president
federal law
allows supreme court ruling to be binding on state courts if involving a constitutional isse
supremacy clause
legislation enacted by the state legislature and signed by the governor
state law
the authority given by law to a court to try a case and rule on legal matters within a particular geographic area and/or over certain types of legal cases
jurisdictions
the 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
legislating
a federal or state written law enacted by the congress or state legislature respectively
statue
legally enacted, derived authority from law
statutory law
traditional unwritten law of England, based on custom and usage, which began to develop over a thousand years before the founding of the united states aka case law or the law of precedent
common law
the party sued in a civil law suit or the party charged with a crime in a criminal prosecution
defendent
guilty of neglect, lacking in due care or concern, act of carlesness
negligence
a rule of evidence important in many malpractice suits, not a rule of substantive law
res ipsa loquitur
involves a live person being questioned under oath by an attorney who is party to the proceeding and takes place prior to the case going before the judge and jury
deposition
a private, judicial determination of a dispute and an alternative to court action (litigation) and generally just as final and binding
arbitration
a type of dispute resolution where the parties to a lawsuit meet with a neutral third party in an effort to settle the case
mediation
anything to which a person is liable, responsible, legally bound, debts or accounts payable (A/P) owed by the business
liability
legal accountability for one’s acts or omissions
legal liability
in criminal law the government attorney charging and trying the case against a person accused of a crime, or a common term for the governments side in a criminal case
prosecution
a lesser crime than a felony, punishable by a fine and/or county jail time for up to one year
misdemeanors
crime sufficentley serious to be punishable by death or a term in state or federal prison
felonies
the burden that the plantiff or prosecution must meet in presenting their case; the measure by which evidence is judged to show a “preponderance of evidence” in a civil action and “beyond a reasonable doubt” in a criminal case
standard of proof
being sure of a criminal defendants guilt to a moral certainty
beyond reasonable doubt
the death of a human being as the result of a wrongful act of another person
wrongful death
the greater weight of the evidence required in a civil lawsuit for the trier of fact jury or judge without a jury to decide in favor of one side or the other. Based on the more convincing evidence and its probable truth or accuracy, and not the amount of evidence
preponderance of the evidence
unlawful killing of another with malice a forethought
murder
unlawful killing of a human being without malice
manslaughter
upon a sudden quarrel or heat of passion
voluntary manslaughter
in the commission of an unlawful act. . .or without due to caution and circumspection, of a lawful act which might produce death
involuntary manslaughter
unlawful taking of money or goods of another from their person/or in immediate presence by force or intimidation
robbery
involves taking of money or property belonging to another
burglary
branch of common law. examples include car accidents, product liability, slander and libel, and medical malpractice
torts
damages recovered in payment for actual injury or economic loss, which does not include punitive damages
compensatory damages
damages awarded in a lawsuit as a punishment and examples to others for malicious, evil, or fraudulent acts
punitive damages
written form of defamation
libel
spoken defamation
slander
the watchfulness, attention, caution, and prudence that a reasonable person in the circumstances word exercise
standard of care
let the master answer
respondent superior
attachment of responsibility to a person for harm or damages caused by another person in either a negligence lawsuit or criminal lawsuit
vicariously liable
a statue prescribing a period of limitations for bringing certain kinds of legal action
statue of limitations
carelessness to the point of reckless disregard for the safety or lives of others and so great it appears to be a conscious violation of other peoples right to safety, more than simple negligence or mistake; less than intentionally evil
gross negligence
a specific proposal to enter into an agreement with another; an offer is an essential component of an enforceable contract
offer
agreeing verbally or in writing to the terms of a contract, which is one of the requirements of an enforceable contract
acceptance
when the patient directly communicates their consent to the physician
express consent
the legal requirements for obtaining consent before providing medical care has always been tempered by the privilage to render emergency medical care without the patients consent
implied consent
having the mental competency to make health care decisions or execute a will at the time the will was signed and witnessed
capacity
permission given for something
consent
a person who has been appointed by a judge to take care of a minor child or incompetent adult personally and/or to manage that persons affairs
guardian
like insanity, is a legal status, not a medical condition
incompetence
a person who is not legally an adult and may not require parental permission for medical or surgical care
emancipated minor
one that acts or has the power or authority to act for another
agent
“to hold the place of, to substitute for” a physician who substitutes temporarily for another
locum tenens
communication between parties to a confidential relation such that the receipent cannot be legally compelled to disclose it as a witness
privilaged communications
the use of any kind of physical force that may result in bodily injury, physical pain, or impairment
physical abuse
failure or refusal of a caregiver or other responsible person to provide for elders basic physical, emotional, or social needs, or failure to protect the elder from harm
neglect
aka financial abuse, is the unauthorized or improper use of the resources of an elder for monetary or personal benefit, profit, or gain
exploitation
an act of congress that affords certain protections to persons covered by health care plans
health insurance portability and accountability act (HIPAA)
court process initiated by a party in litigation compelling production of specific documents and other items, and material in relevance to facts at issue in pending judicial proceedings
subpoena duces tecum
requires any health care provider accepting medicare or medicaid to inform patient 1)of their right to accept or refuse treatment, 2)of their rights regarding advanced directives under state law, and 3)of any hospital or providing policies regarding with-holding life-sustaining equipment
patient self-determination act
a living will; a document written in advanced, that states the patients wishes regarding end-of-life care
advanced directives
a legal document authorizing a person to act as another’s attorney, legal representative, or agent
power of attorney
advanced directive; a document written in advance, that states the patients wishes regarding end-of-life care
living wills
aka health care power of attorney, it is an instruction from the patient to all who might need to know that the patient has empowered a representative to make health care decisions and the discontinued of life support
durable power of attorney
establishes national standards to protect individuals electronic personal health information that is created, received, used, or maintained by a covered entity
HIPAA Security Rule
provides federal protection for personal health information held by covered entities and gives patients on array of rights with respect to that information
HIPAA Privacy Rule
applies to almost every kind of health insurance plan. An exception made for employer-sponsered plans that have fewer than 50 employees and for certain government programs such as food stamps
health insurance plans
any provider who uses electronic transmission of data as part of a standard transaction
providers
any person or organization performing work for a covered entity in which they might recieve personal health information is also covered
business associates
provides a digital footprint of each and every access an operator makes within the electronic record
Electronic Health Record (EHR)
protects individuals who decide to provide help and serve those who are injured
good samaritan act
a template for public policy developed to ensure that versions of legislation governing organ donations are substantially the same from state to state
uniform anatomical gift act
governs physician self-referral for medicare and medicaid patients
stark law
identification of all exposure to financial loss of business and includes the selection of techniques to manage those exposures
risk management
pertaining to distinction of “right” and “wrong”
morals
independence of freedom of an individuals will; the right to choose
autonomy
the doing of good for another; the act of caring
beneficence
the obligation of a physician not to harm the patient
non-maleficence
principle by which we as a society, decide to allocate resources that are in scarce supply
distributive justice
artificial termination of pregnancy
abortion
intro of semen into the oviduct or uterus by artifical means
artificial insemenation
helping a terminally ill person to commit suicide
assisted suicide
birth controls by using various contraceptive measures
contraception
a process whereby the body of a seriously ill or a deceased individuals is frozen to stop the decomposition of tissue
cryonics
improving genetic qualities by means of selective breeding
eugenics
killing an individual (or animal) without making them suffer from pain
euthanasia
the process of replacing defective genes with normal or genetically altered genes
gene therapy
consumption of food derived from genetically modified organisms
genetically modified food
creating a genetically identical copy of a human
human cloning
overcoming the limitations of the body by artificial means
human enhancement
attempts either to slow down or reverse the process of aging to maximize life span
life extension
resorting to medical equipment to keep an individual alive
life support
a surgical procedure where a failing or damaged organ in the human body is removed and replaced with a new one
organ transplantation
brain surgery carried out to ease the complications associated with mental or behavioral problems
psychosurgery
robots can be used in health care to streamline tasks, reduce workload, and offer precise surgery
robotics
medical procedures pertaining to sex reassignment of both transgender and intersex individuals
sex reassignment therapy
the act of killing oneself
suicide
a process where by a woman agrees to carry and deliever a child for a contracted party
surrogate
a dispute over the morality, ethics, effectiveness, and safety of the vaccination process
vaccination
surgical procedure in which tissue or a whole organ is transferred from one species to another
xenotransplantation
a framework of evaluating
professional ethics
the standards by which an organizational will hold itself accountable to proper conduct; represents the values by which the organization conducts its business
organizational ethics
beliefs that are important to a person or organization, which influence attitudes or behavior
values
belonging to ones self inherently, motivation coming from within an individual
intrinsic
originating from outside ones self motivation comin from factors outside of an individual
extrinsic
