Chapter 5 - Legal and Ethical Issues Flashcards
This is a rule of conduct established and enforced by an authority or governing body.
Law
This names someone who will make decisions regarding medical care on a person’s behalf if the person is unable to do so.
Durable power of attorney
This is a process in which the opposing side s choose a person or persons outside the court system, often with special knowledge in the field, to hear and decide the dispute.
Arbitration
This is Latin for “let the master answer.”
Respondeat superior
This refers to an unlawful act or misconduct.
Malfeasance
This means “the thing speaks for itself” and refers to a case in which the licensed practitioner’s fault is completely obvious.
Res ipsa loquitur
This is a court order to produce specific, requested documents at a certain place and time to be entered into court records.
Subpoena duces tecum
This refers to a failure to perform an act that is one’s required duty or that is required by law.
Nonfesance
What includes promises to use the form of treatment believed to be best for the patient, to refrain from harmful actions, and to keep a patient’s private information confidential?
Hippocratic oath
State reporting requirements include certain communicable diseases, including AIDS. Addressing these state requirements is the physician’s what?
Public duty
This refers to a lawful act that is done incorrectly.
Misfeasance
What is a standard of behavior and a concept of right and wrong beyond the legal consideration in any given situation?
Ethics
These are formed through the influence of family, culture, and society, and serve as a basis for ethical conduct.
Moral values
What is any bodily conduct made without permission?
Battery
What is the act of damaging a person’s reputation by making public statements that are both false and malicious called?
Defamation
This consists of deceitful practices in depriving or attempting to deprive another of his or her rights, usually for the gain of another - an example of this is promising “miracle cures.”
Fraud
For medical malpractice, this is generally 1-4 years from the act or occurrence of injury, or 6 months to 3 years from discovery.
Statute of limitations
What deals with ethical issues that arise related to medical advances?
Bioethics
These types of minors and those who are self-supporting and don’t live with parents are allowed to give informed consent.
Mature
In legal terms, unintentional torts constitute what?
Negligence
This states the guidelines to be followed when a person wishes to donate one or more organs.
Uniform Anatomical Gift Act
What would be used to determine what a patient that is comatose would want done in this situation?
Advance directive
What act is the provider following if they are discussing whether or not there is an advance directive?
Patient Self Determination Act
These are words used to give permission for a procedure.
Expressed consent
What is an emancipated minor?
Under 18, not living at home, and self-supporting
This is the word used to describe someone who is unable to understand the meaning and concepts of a contract.
Incompetent
This is the Latin word for someone who would be hired to step in for a provider on leave so they would not be changed with abandonment.
Locum tenens
What is the party making the claim or charge in a lawsuit called?
Plaintiff
Which party is the claim or charge in a lawsuit made against?
Defendant
In some states, mature minors can make their own decisions regarding what?
Contraceptives
A healthcare professional who stops care without providing an equally qualified substitute is guilty of what?
Abandonment
What should you do when terminating the care of a patient?
Send a letter through certified mail
A licensed practitioner who fails to comply with the standards of the profession is considered to be what?
Derelict
This includes identifying and tracking risk areas, developing risk improvement plans, monitoring risks, and performing risk assessments to determine how risks have changed.
Risk management
What should you do when answering questions in court?
Be truthful, only answer what is asked
What constitutes use of PHI?
Sharing, analyzing, utilizing, and examining
What constitutes disclosure of PHI?
Releasing
By suing a physician, a patient gives up their right to what?
Confidentiality
The American Hospital Association established a list of standards patients can expect in healthcare called what?
Patient Care Partnership
This is a legal document that states one’s wish to make an anatomical gift for medical research, organ transplants, or placement in a tissue bank.
Uniform Donor Card
What is it called when a surgeon’s mistake is completely obvious?
Res Ipsa Loquitur
This is broadly defined as a civil wrong committed against a person or property that causes physical injury or damage to someone’s property or that deprives someone of their personal liberty or freedom.
Tort
Direct cause occurs when it can be proven that damage was directly caused by what?
A physician’s breach of duty
Which contract is one that is created by a person’s behavior?
Implied contract
