Chapter 8 medical law and ethics Flashcards
what are the 6 types of law?
- common
- criminal
- private
- public
- case
- civil
the person or group accused in court
defendant
a person who files the lawsuit initiating civil legal action
plaintiff
what are the 2 types of defamation?
- libel - written
- slander - spoken
what are the 2 types of court?
inferior and superior
when a case is transferred from a lower to higher court
appeal
an application made to a judge to obtain an order, ruling, or decision
motion
sworn pretiral testimony given by a witness
deposition
the final settlement of a case
disposition
what needs to be filled out to release medical records
a medical records release form
what are the 3 types of consent
- informed
- implied
- expressed
the practice of performing medical tests and procedures to protect against future liability
defensive medicine
without legal force or effect
void
a type of medical practice in which a physician practices alone and is responsible for all profits and liabilities
sole proprietorship
statute that prohibits child labor and the firing of employees for exercising their rights
fair labor standards act of 1938
what does POMR stand for and what is it?
problem oriented medical record
medical records based on patients problems
what does SOAP stand for and what does each word mean?
- subjective - patients words
- objective - facts (ex: vitals)
- assessment - diagnosis
- plan of action - treatment
what does SOMR stand for and what is it?`
source oriented medical record
medical records based on the information (ex: lab reports)
a legal document stating what type of treatment is desired when terminally ill, unconscious, or in a coma
advanced medical directive
that part of HIPAA that deals with protecting health care coverage for employees who change jobs
TITLE 1
that part of HIPAA that provides federal protection for the privacy of health information
TITLE 2
when a physician accepts payment from another physician for the referral of a patient
fee splitting
substitution of another surgeon without patients consent
ghost surgery
a document that gives a designated person the ability to make legal decisions on their behalf
durable power of attorney
treatment to cure a patients disease
curative care
treatment of symptoms to make a dying person more comfortable
palliative care
Res ipsa loquitur is a Latin phrase that refers to…
something that is common knowledge/speaks for itself
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
subpoena duces tecum
what term means “the task of presenting testimony to prove guilt or innocence”
burden of proof
when a patients behavior helped cause the injury
contributory negligence
if a physician performs a procedure on a minor without parental consent, what would he be charged with?
assault and battery
a wrongful act against another individual
tort
what are the 4 D’s of negligence?
- duty
- derilect
- direct cause
- damages
civil law involves crimes against…
individuals
An employee who is considered to be acting on the physician’s behalf while performing professional tasks is…
respondeat superior
a lawful act that is done incorrectly
misfeasance
The legal term res ipsa loquitur refers to cases in which the…
doctors mistake is clearly obvious
performing wrong acts
malfeasance
performing lawful act in an unlawful way
misfeasance
failure to act when required to do so
nonfeasance
