Chapter 5 Flashcards
rule of conduct or action prescribed or formally recognized as binding
law
standards of behavior based on concepts of right and wrong
ethics
what are the 2 main classifications of law
criminal and civil
person making the claim in a court setting
plaintiff
person or entity being charged in a court setting
defendant
crime towards the government/state
criminal law
crime towards an individual
civil law
civil wrong committed against a person or property that causes physical injury or damage to property or deprives them of their freedom
tort
action that causes bodily harm to another
battery
open threat of bodily harm to another
assault
intentional deception or misrepresentation of services that an individual knows to be false
fraud
when a healthcare practitioner fails to exercise reasonable care and the pt is injured
negligence
what 4 things need to be included for a contract to be legally binding?
- agreement
- consideration
- legal subject matter
- contractual capacity
conduct or action that indicated acceptance and creates the contract
implied contract
MA’s are held to ________ in and out of the clinic
reasonable person standard
list of standards the pt can expect in healthcare
patient care partnership (formerly bill of rights)
pt’s right to receive all info about their condition to make a choice regarding treatment based on knowledge
informed consent
what are the 4 D’s of negligence?
- Duty - shows pt/physician relationship
- Derelict - physician failed to comply with standards of the profession
- Direct cause
- Damages - proves injury
an employee is considered to be acting on the doctors behalf
Law of Agency
what are 4 reasons patients sue?
- unrealistic expectations
- Poor rapport/communication
- greed
- poor quality of care
what are the 4 C’s of Medical Malpractice?
- caring
- communication
- competence
- charting
what are 3 ways effective communication can prevent lawsuits?
- develop good listening skills
- all pt’s & reps signed informed consent
- avoiding statements that can construed as guilt (“sorry”)
what does the FDA require drug manufacturers to perform before a drug can be given to humans?
clinical trials
what company studies, approves, and monitores all drugs?
FDA
what company manages drug schedules?
DEA
what act established the DEA?
controlled substance act of 1970
the false claims act is a federal act that controls:
- false billing claims
- kickbacks
- self-referrals
providing financial incentives to a healthcare provider for referring patients
kickbacks
what act protects the rights of individuals from discrimination based on their genetic info
genetic information nondiscrimination act (GINA)
created by the CDC and creates federal laws to protect healthcare workers from hazards on the job
OSHA
federal law enacted to promote the adoption and meaningful use of health info technology and transmission of health info
HITECH
laws that protect individuals against liability in emergency situations
good samaritan laws
approval process to verify licensure of a practitioner
credentialing
document gives someone the rights to make decisions regarding medical care on the patients behalf
durable power of attorney
documents in which a person expresses their wishes regarding medical treatment
living will
what are the 3 things you would do while handling paperwork with patient info on it?
- follow HIPAA guidelines
- treat it as a legal document
- privacy
