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Law & Ethics > Chapter 6-11 > Flashcards

Chapter 6-11 Flashcards

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1
Q

Aggregate limit

A

the maximum dollar amount your insurer will pay in total to settle your claims over the entire period of coverage

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2
Q

Claims-made policy

A

insurance policy in which coverage is triggered on the date that the insured first becomes aware of the possibility of a claim and notifies the insurer.

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3
Q

Declarations page

A

Portion of a liability insurance policy that provides basic information, including what is insured, for how much, under what circumstances, and the length of time the policy is in effect.

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4
Q

Exclusions

A

Provision within an insurance policy that eliminates coverage for certain acts, types of damage, or locations.

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5
Q

Occurrence-basis policy

A

An insurance policy that covers claims taking place during the policy period, regardless of when claims are made.

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6
Q

Policy jacket

A

Binder or folder containing an insurance policy, in many instances, it lists provisions common to several types of policies.

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7
Q

Premium

A

The amount of money an insurer charges to provide the coverage described in the policy.

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8
Q

Prior acts coverage

A

Insurance coverage for incidents that occur before the start of the policy but whose claims are made during the policy period.

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9
Q

Rider

A

An add on provision to a basic liability insurance policy that provides additional benefits to the policyholder at an additional cost.

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10
Q

Tail coverage

A

Provision of a claims made liability policy that allows the insured to purchase coverage for claims made during a specified time period after the end of the policy.

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11
Q

Umbrella policy

A

Liability insurance policy that provides protection against claims that are not covered, or are in excess of the amount covered, under a basic liability insurance policy.

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12
Q

Statutory reporting

A

legal responsibility of healthcare professionals to report vital information and incidence to the appropriate agencies for the protection and welfare of the general publice

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13
Q

Strict liability

A

A person places another person in danger, even in the absence of negligence, simply because he is in posession of dangerous product, animal or weapon

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14
Q

terminally ill

A

relating to an illness where the patient has an expected survival of less than 6 months

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15
Q

Thanatology

A

The study of the effects of death and dying. Especially ways to lessen the suffering and address the needs of the terminally ill and their survivors.

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16
Q

Trespass

A

An unlawful intrusion that interferes with one’s person, property or land

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17
Q

uniform anatomical gift act

A

allows a person to make an anatomical gift at the time of death by the use of a signed document such as a will or driver’s license.

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18
Q

Uniform determination of death act

A

provides a comprehensive and medically sound basis for determining death in all situations.

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19
Q

Uniform rights of the terminally ill act

A

Allows a person to declare a living will specifying that he or she does not wish to be kept alive through life support if terminally ill or in a coma

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20
Q

Unintentional tort

A

An unintended wrong against another person

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21
Q

Vicarious liability

A

the liability of an employer for the actions of its designated agents

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22
Q

vital statistics

A

community wide recording of individual key human events such as births, deaths, marriages or divorces.

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23
Q

Voluntary euthanasia

A

Conscious medical act that results in the death of a patient who is given consent

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24
Q

explicit consent

A

individual is clearly presented with an option to agree or disagree or to express a preference or choice. Often verbally or written

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25
Q

False imprisonment

A

Restraint of a person so as to impede his or her liberty without justification or consent

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26
Q

Good samaritan law

A

law providing immunity for those who render healthcare for an emergency or disaster without reimbursement.

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27
Q

healthcare proxy

A

legal document in which an individual designates another person to make healthcare decisions if he or she is rendered incapable of making his or her wishes known.

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28
Q

Hospice

A

program involving multidisciplinary group of medical professionals available to aid in support of the terminally ill and their families

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29
Q

implied consent

A

consent that is not expressly granted by a person but rather inferred from a person’s actions and the facts and circumstances in a specific situation.

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30
Q

informed consent

A

same as consent, but in the medical field, more detailed, listing and covering all possible risks and potential prognoses for having a treatment or procedure done and the alternatives available.

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31
Q

inquest

A

investigation into a suspicious death, including autopsy and other investigations to determine time and cause of death

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32
Q

intent

A

the willful decision to bring about a prohibited consequence

33
Q

intentional tort

A

category of torts that describes a civil wrong resulting from an intentional act on the end of another person or entity.

34
Q

intimate partner violence

A

more commonly called domestic abuse. Physical, sexual, or psychological harm caused by a current or former partner or spouse, can occur among either heterosexual or same sex couples

35
Q

invasion of privacy

A

the wrongful intrusion into private affairs with which the perpetrator or the public has no concern

36
Q

involuntary euthanasia

A

active effort to end the life of a patient who has not explicitly requested aid in dying

37
Q

liability

A

legal responsibility and accountability for all health and financial patient care

38
Q

liable

A

legal responsibility for a person’s own actions

39
Q

libel

A

written, printed, or other visual communication that harms another person’s reputation

40
Q

litigious

A

Highly inclined to sue

41
Q

living will

A

document in which patient states his or her wishes regarding medical treatment.

42
Q

malfeasance

A

the performance of an illegal act

43
Q

mediation

A

the process by which a neutral third party who is trained in mediation techniques facilitates and assists in resolving a dispute.

44
Q

misfeasance

A

Poor performance of a duty or action, causing damage

45
Q

nonfeasance

A

a failure to perform an action when needed

46
Q

older americans act

A

legislation passed to protect adults older than the age of 60 from abuse, neglect, abandonment, and exploitation

47
Q

passive euthanasia

A

the act of allowing a patient to die without medical intervention

48
Q

persistent vegetative state

A

condition characterized by the irreversible cessation of higher brain functions, usually as a result of damage to the cerebral cortex.

49
Q

quasiintentional tort

A

voluntary act that directly causes damage to a persons privacy or emotional well being, but without intent to injure or to cause distress

50
Q

release of tortfeasor

A

law that asserts that once the person causing damage is released from further liability in a previous suits settlement, he or she cannot be held liable in a subsequent suit.

51
Q

res ipsa toquitur

A

“the thing speaks for itself”. legal indication that there is clear proof that the defendant had the duty to the patient and that the injury would not and could not have occurred without the negligence of the defendant.

52
Q

respondeat superior

A

legal doctrine that states in many circumstances an employer is responsible for the actions of employees performed within the course of their employment.

53
Q

settlement

A

legal agreement that is reached between two parties in a civil matter

54
Q

slander

A

spoken or verbal communication in which one person discusses another in terms that harm that persons reputation.

55
Q

active euthanasia

A

the active acceleration of death by use of drugs, for example whether by oneself or with the aid of a physician

56
Q

advance directive

A

treatment preferences and designation of an alternate decision maker in the event that a person should become unable to make medical decisions on his or her own behalf

57
Q

arbitration

A

process to resolve a dispute assigned by the courts with a person or persons assigned by the court to mediate in a civil suit and then decide the outcome of the dispute

58
Q

assuault

A

a threat or attempt to inflict offensive physical contact or bodily harm on a person that puts the person in immediate danger or or in apprehension of such harm or contact

59
Q

assumption of risk

A

a legal defense that asserts that the plaintiff was aware and accepted the risks associated with the activity involved

60
Q

battery

A

bodily harm or unlawful touching of another

61
Q

birth certificate

A

an official record declaring a live birth of the baby

62
Q

brain death

A

the irreversible loss of function of the brain including the brainstem

63
Q

breach of confidentiality

A

the public revelation of confidential or privileged information without an individuals consent

64
Q

certificate of live birth

A

an unofficial record of a live birth that is signed by the healthcare provider in attendance at the birth.

65
Q

communicable disease

A

specific disease or illness that can cause an epidemic or pandemic to the general public

66
Q

comparative negligence

A

a legal defense that proves the plaintiffs own actions, or lack of action, contributed to the damages done.

67
Q

consent

A

the acknowledgement of a person regarding the risks and alternatives involved in a treatment, as well as permission for the treatment to be performed. This can be in some cases a verbal consent but in the medical field is usually a written document.

68
Q

contributory negligence

A

a defense strategy that allows the defendant to present the argument that the patient’s condition was the result of factors other than negligence on the defendants part

69
Q

controlled substances act

A

federal drug policy regulating the manufacture, importation, possession, use and distribution of certain substances

70
Q

damages

A

the actual injury or loss suffered by a defendant in a suit, usually given a monetary award by the court based on the extent of the loss or injury

71
Q

death

A

permanent cessation of all biological functions that sustain a living organism

72
Q

defamation

A

any intentional false communication, either written or spoken, that harms a person’s reputation, decreases the respect, regard, or confidence in which a person is held, or induces disparaging, hostile, or disagreeable opinions or feelings against a person

73
Q

defensive medicine

A

the practice of ordering unnecessary tests, treatments and other procedures

74
Q

dereliction of duty

A

a neglect or negligence of one’s duty

75
Q

direct cause

A

in a negligence case, the correspondence between the dereliction of duty and the actual damage sustained by the plaintiff

76
Q

discovery rule

A

law or statute that states the statute of limitations does not begin until the discovery of the diagnosis or injury

77
Q

DNR Order

A

form completed by patient to indicate in advance that no means should be used to regain function of cardiopulmonary processes when these functions cease.

78
Q

duty

A

in a malpractice suit, the proof of responsibility of the parties involved

79
Q

euthanasia

A

termination of a life to eliminate pain and suffering related to a terminal illness.

Law & Ethics (2 decks)

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