Chapter 8 medical law and ethics Flashcards

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1
Q

what are the 6 types of law?

A
  1. common
  2. criminal
  3. private
  4. public
  5. case
  6. civil
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2
Q

the person or group accused in court

A

defendant

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3
Q

a person who files the lawsuit initiating civil legal action

A

plaintiff

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4
Q

what are the 2 types of defamation?

A
  1. libel - written
  2. slander - spoken
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5
Q

what are the 2 types of court?

A

inferior and superior

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6
Q

when a case is transferred from a lower to higher court

A

appeal

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7
Q

an application made to a judge to obtain an order, ruling, or decision

A

motion

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8
Q

sworn pretiral testimony given by a witness

A

deposition

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9
Q

the final settlement of a case

A

disposition

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10
Q

what needs to be filled out to release medical records

A

a medical records release form

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11
Q

what are the 3 types of consent

A
  1. informed
  2. implied
  3. expressed
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12
Q

the practice of performing medical tests and procedures to protect against future liability

A

defensive medicine

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13
Q

without legal force or effect

A

void

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14
Q

a type of medical practice in which a physician practices alone and is responsible for all profits and liabilities

A

sole proprietorship

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15
Q

statute that prohibits child labor and the firing of employees for exercising their rights

A

fair labor standards act of 1938

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16
Q

what does POMR stand for and what is it?

A

problem oriented medical record
medical records based on patients problems

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17
Q

what does SOAP stand for and what does each word mean?

A
  • subjective - patients words
  • objective - facts (ex: vitals)
  • assessment - diagnosis
  • plan of action - treatment
18
Q

what does SOMR stand for and what is it?`

A

source oriented medical record
medical records based on the information (ex: lab reports)

19
Q

a legal document stating what type of treatment is desired when terminally ill, unconscious, or in a coma

A

advanced medical directive

20
Q

that part of HIPAA that deals with protecting health care coverage for employees who change jobs

A

TITLE 1

21
Q

that part of HIPAA that provides federal protection for the privacy of health information

A

TITLE 2

22
Q

when a physician accepts payment from another physician for the referral of a patient

A

fee splitting

23
Q

substitution of another surgeon without patients consent

A

ghost surgery

24
Q

a document that gives a designated person the ability to make legal decisions on their behalf

A

durable power of attorney

25
Q

treatment to cure a patients disease

A

curative care

26
Q

treatment of symptoms to make a dying person more comfortable

A

palliative care

27
Q

Res ipsa loquitur is a Latin phrase that refers to…

A

something that is common knowledge/speaks for itself

28
Q

a list of general info that can be requested by a party to a lawsuit and must be answered in a specific amount of time

A

subpoena duces tecum

29
Q

what term means “the task of presenting testimony to prove guilt or innocence”

A

burden of proof

30
Q

when a patients behavior helped cause the injury

A

contributory negligence

31
Q

if a physician performs a procedure on a minor without parental consent, what would he be charged with?

A

assault and battery

32
Q

a wrongful act against another individual

A

tort

33
Q

what are the 4 D’s of negligence?

A
  1. duty
  2. derilect
  3. direct cause
  4. damages
34
Q

civil law involves crimes against…

A

individuals

35
Q

An employee who is considered to be acting on the physician’s behalf while performing professional tasks is…

A

respondeat superior

36
Q

a lawful act that is done incorrectly

A

misfeasance

37
Q

The legal term res ipsa loquitur refers to cases in which the…

A

doctors mistake is clearly obvious

38
Q

performing wrong acts

A

malfeasance

39
Q

performing lawful act in an unlawful way

A

misfeasance

40
Q

failure to act when required to do so

A

nonfeasance