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Medical law and ethics > Chapter 5 > Flashcards

Chapter 5 Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards USMLE® Step 1 flashcards
1
Q

rule of conduct or action prescribed or formally recognized as binding

A

law

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2
Q

standards of behavior based on concepts of right and wrong

A

ethics

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3
Q

what are the 2 main classifications of law

A

criminal and civil

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4
Q

person making the claim in a court setting

A

plaintiff

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5
Q

person or entity being charged in a court setting

A

defendant

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6
Q

crime towards the government/state

A

criminal law

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7
Q

crime towards an individual

A

civil law

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8
Q

civil wrong committed against a person or property that causes physical injury or damage to property or deprives them of their freedom

A

tort

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9
Q

action that causes bodily harm to another

A

battery

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10
Q

open threat of bodily harm to another

A

assault

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11
Q

intentional deception or misrepresentation of services that an individual knows to be false

A

fraud

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12
Q

when a healthcare practitioner fails to exercise reasonable care and the pt is injured

A

negligence

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13
Q

what 4 things need to be included for a contract to be legally binding?

A
  1. agreement
  2. consideration
  3. legal subject matter
  4. contractual capacity
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14
Q

conduct or action that indicated acceptance and creates the contract

A

implied contract

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15
Q

MA’s are held to ________ in and out of the clinic

A

reasonable person standard

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16
Q

list of standards the pt can expect in healthcare

A

patient care partnership (formerly bill of rights)

17
Q

pt’s right to receive all info about their condition to make a choice regarding treatment based on knowledge

A

informed consent

18
Q

what are the 4 D’s of negligence?

A
  1. Duty - shows pt/physician relationship
  2. Derelict - physician failed to comply with standards of the profession
  3. Direct cause
  4. Damages - proves injury
19
Q

an employee is considered to be acting on the doctors behalf

A

Law of Agency

20
Q

what are 4 reasons patients sue?

A
  1. unrealistic expectations
  2. Poor rapport/communication
  3. greed
  4. poor quality of care
21
Q

what are the 4 C’s of Medical Malpractice?

A
  1. caring
  2. communication
  3. competence
  4. charting
22
Q

what are 3 ways effective communication can prevent lawsuits?

A
  1. develop good listening skills
  2. all pt’s & reps signed informed consent
  3. avoiding statements that can construed as guilt (“sorry”)
23
Q

what does the FDA require drug manufacturers to perform before a drug can be given to humans?

A

clinical trials

24
Q

what company studies, approves, and monitores all drugs?

A

FDA

25
Q

what company manages drug schedules?

A

DEA

26
Q

what act established the DEA?

A

controlled substance act of 1970

27
Q

the false claims act is a federal act that controls:

A
  • false billing claims
  • kickbacks
  • self-referrals
28
Q

providing financial incentives to a healthcare provider for referring patients

A

kickbacks

29
Q

what act protects the rights of individuals from discrimination based on their genetic info

A

genetic information nondiscrimination act (GINA)

30
Q

created by the CDC and creates federal laws to protect healthcare workers from hazards on the job

A

OSHA

31
Q

federal law enacted to promote the adoption and meaningful use of health info technology and transmission of health info

A

HITECH

32
Q

laws that protect individuals against liability in emergency situations

A

good samaritan laws

33
Q

approval process to verify licensure of a practitioner

A

credentialing

34
Q

document gives someone the rights to make decisions regarding medical care on the patients behalf

A

durable power of attorney

35
Q

documents in which a person expresses their wishes regarding medical treatment

A

living will

36
Q

what are the 3 things you would do while handling paperwork with patient info on it?

A
  1. follow HIPAA guidelines
  2. treat it as a legal document
  3. privacy

Medical law and ethics (2 decks)

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