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Chapter One Intro To Medical Terminology > Chapter 3: Medical Assisting Legal and Ethical Issues > Flashcards

Chapter 3: Medical Assisting Legal and Ethical Issues Flashcards

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USMLE® Step 1 flashcards
1
Q

rules of conduct with respect to a particular class of actions, based on ideas about what is morally good and bad

A

ethics

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2
Q

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

A

plaintiff

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3
Q

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

A

medical malpractice

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4
Q

legislation enacted by congress and signed by the president

A

federal law

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5
Q

allows supreme court ruling to be binding on state courts if involving a constitutional isse

A

supremacy clause

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6
Q

legislation enacted by the state legislature and signed by the governor

A

state law

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7
Q

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

A

jurisdictions

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8
Q

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

A

legislating

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9
Q

a federal or state written law enacted by the congress or state legislature respectively

A

statue

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10
Q

legally enacted, derived authority from law

A

statutory law

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11
Q

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

A

common law

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12
Q

the party sued in a civil law suit or the party charged with a crime in a criminal prosecution

A

defendent

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13
Q

guilty of neglect, lacking in due care or concern, act of carlesness

A

negligence

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14
Q

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

A

res ipsa loquitur

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15
Q

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

A

deposition

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16
Q

a private, judicial determination of a dispute and an alternative to court action (litigation) and generally just as final and binding

A

arbitration

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17
Q

a type of dispute resolution where the parties to a lawsuit meet with a neutral third party in an effort to settle the case

A

mediation

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18
Q

anything to which a person is liable, responsible, legally bound, debts or accounts payable (A/P) owed by the business

A

liability

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19
Q

legal accountability for one’s acts or omissions

A

legal liability

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20
Q

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

A

prosecution

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21
Q

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

A

misdemeanors

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22
Q

crime sufficentley serious to be punishable by death or a term in state or federal prison

A

felonies

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23
Q

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

A

standard of proof

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24
Q

being sure of a criminal defendants guilt to a moral certainty

A

beyond reasonable doubt

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25
Q

the death of a human being as the result of a wrongful act of another person

A

wrongful death

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26
Q

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

A

preponderance of the evidence

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27
Q

unlawful killing of another with malice a forethought

A

murder

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28
Q

unlawful killing of a human being without malice

A

manslaughter

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29
Q

upon a sudden quarrel or heat of passion

A

voluntary manslaughter

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29
Q

in the commission of an unlawful act. . .or without due to caution and circumspection, of a lawful act which might produce death

A

involuntary manslaughter

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30
Q

unlawful taking of money or goods of another from their person/or in immediate presence by force or intimidation

A

robbery

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31
Q

involves taking of money or property belonging to another

A

burglary

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32
Q

branch of common law. examples include car accidents, product liability, slander and libel, and medical malpractice

A

torts

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33
Q

damages recovered in payment for actual injury or economic loss, which does not include punitive damages

A

compensatory damages

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34
Q

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

A

punitive damages

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35
Q

written form of defamation

A

libel

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36
Q

spoken defamation

A

slander

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37
Q

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

A

standard of care

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38
Q

let the master answer

A

respondent superior

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39
Q

attachment of responsibility to a person for harm or damages caused by another person in either a negligence lawsuit or criminal lawsuit

A

vicariously liable

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40
Q

a statue prescribing a period of limitations for bringing certain kinds of legal action

A

statue of limitations

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41
Q

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

A

gross negligence

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42
Q

a specific proposal to enter into an agreement with another; an offer is an essential component of an enforceable contract

A

offer

43
Q

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

A

acceptance

44
Q

when the patient directly communicates their consent to the physician

A

express consent

45
Q

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

A

implied consent

46
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

47
Q

permission given for something

A

consent

48
Q

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

A

guardian

49
Q

like insanity, is a legal status, not a medical condition

A

incompetence

50
Q

a person who is not legally an adult and may not require parental permission for medical or surgical care

A

emancipated minor

51
Q

one that acts or has the power or authority to act for another

A

agent

52
Q

“to hold the place of, to substitute for” a physician who substitutes temporarily for another

A

locum tenens

53
Q

communication between parties to a confidential relation such that the receipent cannot be legally compelled to disclose it as a witness

A

privilaged communications

54
Q

the use of any kind of physical force that may result in bodily injury, physical pain, or impairment

A

physical abuse

55
Q

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

A

neglect

56
Q

aka financial abuse, is the unauthorized or improper use of the resources of an elder for monetary or personal benefit, profit, or gain

A

exploitation

57
Q

an act of congress that affords certain protections to persons covered by health care plans

A

health insurance portability and accountability act (HIPAA)

58
Q

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

A

subpoena duces tecum

59
Q

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

A

patient self-determination act

60
Q

a living will; a document written in advanced, that states the patients wishes regarding end-of-life care

A

advanced directives

61
Q

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

A

power of attorney

62
Q

advanced directive; a document written in advance, that states the patients wishes regarding end-of-life care

A

living wills

63
Q

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

A

durable power of attorney

64
Q

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

65
Q

provides federal protection for personal health information held by covered entities and gives patients on array of rights with respect to that information

A

HIPAA Privacy Rule

66
Q

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

A

health insurance plans

67
Q

any provider who uses electronic transmission of data as part of a standard transaction

A

providers

68
Q

any person or organization performing work for a covered entity in which they might recieve personal health information is also covered

A

business associates

69
Q

provides a digital footprint of each and every access an operator makes within the electronic record

A

Electronic Health Record (EHR)

70
Q

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

A

good samaritan act

71
Q

a template for public policy developed to ensure that versions of legislation governing organ donations are substantially the same from state to state

A

uniform anatomical gift act

72
Q

governs physician self-referral for medicare and medicaid patients

A

stark law

73
Q

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

A

risk management

74
Q

pertaining to distinction of “right” and “wrong”

A

morals

75
Q

independence of freedom of an individuals will; the right to choose

A

autonomy

76
Q

the doing of good for another; the act of caring

A

beneficence

77
Q

the obligation of a physician not to harm the patient

A

non-maleficence

78
Q

principle by which we as a society, decide to allocate resources that are in scarce supply

A

distributive justice

79
Q

artificial termination of pregnancy

A

abortion

80
Q

intro of semen into the oviduct or uterus by artifical means

A

artificial insemenation

81
Q

helping a terminally ill person to commit suicide

A

assisted suicide

82
Q

birth controls by using various contraceptive measures

A

contraception

83
Q

a process whereby the body of a seriously ill or a deceased individuals is frozen to stop the decomposition of tissue

A

cryonics

84
Q

improving genetic qualities by means of selective breeding

A

eugenics

85
Q

killing an individual (or animal) without making them suffer from pain

A

euthanasia

86
Q

the process of replacing defective genes with normal or genetically altered genes

A

gene therapy

87
Q

consumption of food derived from genetically modified organisms

A

genetically modified food

88
Q

creating a genetically identical copy of a human

A

human cloning

89
Q

overcoming the limitations of the body by artificial means

A

human enhancement

90
Q

attempts either to slow down or reverse the process of aging to maximize life span

A

life extension

91
Q

resorting to medical equipment to keep an individual alive

A

life support

92
Q

a surgical procedure where a failing or damaged organ in the human body is removed and replaced with a new one

A

organ transplantation

93
Q

brain surgery carried out to ease the complications associated with mental or behavioral problems

A

psychosurgery

94
Q

robots can be used in health care to streamline tasks, reduce workload, and offer precise surgery

A

robotics

95
Q

medical procedures pertaining to sex reassignment of both transgender and intersex individuals

A

sex reassignment therapy

96
Q

the act of killing oneself

A

suicide

97
Q

a process where by a woman agrees to carry and deliever a child for a contracted party

A

surrogate

98
Q

a dispute over the morality, ethics, effectiveness, and safety of the vaccination process

A

vaccination

99
Q

surgical procedure in which tissue or a whole organ is transferred from one species to another

A

xenotransplantation

100
Q

a framework of evaluating

A

professional ethics

101
Q

the standards by which an organizational will hold itself accountable to proper conduct; represents the values by which the organization conducts its business

A

organizational ethics

102
Q

beliefs that are important to a person or organization, which influence attitudes or behavior

A

values

103
Q

belonging to ones self inherently, motivation coming from within an individual

A

intrinsic

104
Q

originating from outside ones self motivation comin from factors outside of an individual

A

extrinsic

Chapter One Intro To Medical Terminology (13 decks)

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