Chapter 5 - Legal and Ethical Issues

Question 1

This is a rule of conduct established and enforced by an authority or governing body.

Answer 1

Law

Question 2

This names someone who will make decisions regarding medical care on a person’s behalf if the person is unable to do so.

Answer 2

Durable power of attorney

Question 3

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.

Answer 3

Arbitration

Question 4

This is Latin for “let the master answer.”

Answer 4

Respondeat superior

Question 5

This refers to an unlawful act or misconduct.

Answer 5

Malfeasance

Question 6

This means “the thing speaks for itself” and refers to a case in which the licensed practitioner’s fault is completely obvious.

Answer 6

Res ipsa loquitur

Question 7

This is a court order to produce specific, requested documents at a certain place and time to be entered into court records.

Answer 7

Subpoena duces tecum

Question 8

This refers to a failure to perform an act that is one’s required duty or that is required by law.

Answer 8

Nonfesance

Question 9

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?

Answer 9

Hippocratic oath

Question 10

State reporting requirements include certain communicable diseases, including AIDS. Addressing these state requirements is the physician’s what?

Answer 10

Public duty

Question 11

This refers to a lawful act that is done incorrectly.

Answer 11

Misfeasance

Question 12

What is a standard of behavior and a concept of right and wrong beyond the legal consideration in any given situation?

Answer 12

Ethics

Question 13

These are formed through the influence of family, culture, and society, and serve as a basis for ethical conduct.

Answer 13

Moral values

Question 14

What is any bodily conduct made without permission?

Answer 14

Battery

Question 15

What is the act of damaging a person’s reputation by making public statements that are both false and malicious called?

Answer 15

Defamation

Question 16

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.”

Answer 16

Fraud

Question 17

For medical malpractice, this is generally 1-4 years from the act or occurrence of injury, or 6 months to 3 years from discovery.

Answer 17

Statute of limitations

Question 18

What deals with ethical issues that arise related to medical advances?

Answer 18

Bioethics

Question 19

These types of minors and those who are self-supporting and don’t live with parents are allowed to give informed consent.

Answer 19

Mature

Question 20

In legal terms, unintentional torts constitute what?

Answer 20

Negligence

Question 21

This states the guidelines to be followed when a person wishes to donate one or more organs.

Answer 21

Uniform Anatomical Gift Act

Question 22

What would be used to determine what a patient that is comatose would want done in this situation?

Answer 22

Advance directive

Question 23

What act is the provider following if they are discussing whether or not there is an advance directive?

Answer 23

Patient Self Determination Act

Question 24

These are words used to give permission for a procedure.

Answer 24

Expressed consent

Question 25

What is an emancipated minor?

Answer 25

Under 18, not living at home, and self-supporting

Question 26

This is the word used to describe someone who is unable to understand the meaning and concepts of a contract.

Answer 26

Incompetent

Question 27

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.

Answer 27

Locum tenens

Question 28

What is the party making the claim or charge in a lawsuit called?

Answer 28

Plaintiff

Question 29

Which party is the claim or charge in a lawsuit made against?

Answer 29

Defendant

Question 30

In some states, mature minors can make their own decisions regarding what?

Answer 30

Contraceptives

Question 31

A healthcare professional who stops care without providing an equally qualified substitute is guilty of what?

Answer 31

Abandonment

Question 32

What should you do when terminating the care of a patient?

Answer 32

Send a letter through certified mail

Question 33

A licensed practitioner who fails to comply with the standards of the profession is considered to be what?

Answer 33

Derelict

Question 34

This includes identifying and tracking risk areas, developing risk improvement plans, monitoring risks, and performing risk assessments to determine how risks have changed.

Answer 34

Risk management

Question 35

What should you do when answering questions in court?

Answer 35

Be truthful, only answer what is asked

Question 36

What constitutes use of PHI?

Answer 36

Sharing, analyzing, utilizing, and examining

Question 37

What constitutes disclosure of PHI?

Answer 37

Releasing

Question 38

By suing a physician, a patient gives up their right to what?

Answer 38

Confidentiality

Question 39

The American Hospital Association established a list of standards patients can expect in healthcare called what?

Answer 39

Patient Care Partnership

Question 40

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.

Answer 40

Uniform Donor Card

Question 41

What is it called when a surgeon’s mistake is completely obvious?

Answer 41

Res Ipsa Loquitur

Question 42

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.

Answer 42

Tort

Question 43

Direct cause occurs when it can be proven that damage was directly caused by what?

Answer 43

A physician’s breach of duty

Question 44

Which contract is one that is created by a person’s behavior?

Answer 44

Implied contract