Chp 2 Flashcards
Law and Ethics
Physician withdraws from the contractual relationship without proper notification while the patient still needs treatment.
Abandonment
A statement of a person’s wishes for medical decisions prior to a critical event and includes living wills and health care powers of attorney.
Advance directive
Prohibits discrimination against [eople with substantial disabilities in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, benefits, and all other priveleges of employment.
Americans with Disabilities Act Amendments Act
(ADAAA)
Process by which the higher court reviews the decision of the lower court.
Appeal
Unauthorized attemt or threat to touch another person without consent.
Assault
The actual physical touching of a patient without consent.
Battery
the judge hears the case without a jury and renders a verdict (decision or judgement).
Bench trial
Moral issues and concerns that affect a person’s life.
bioethics
Viruses that can be spread through direct contact with blood or body fluids from an infected person.
Blood-borne pathogens
An infraction, such as breach of contract, in which the agreed-on terms are violated.
Breach
Voluntary process that involves a testing procedure to prove an indvidual’s baseline competency in a particular area.
Certification
a branch of law that focuses on issues between private citizens.
Civil law
a branch of law that focuses on issues between private citizens.
Civil law
Traditional laws that were established by the English legal system
Comon law
a percentage of damage awards base on the contribution of negligence between two parties.
Comparative negligence
Protection of pateint data from unauthorized personnel.
Confidentiatlity
Agree to being touched, examined, or treated by the physician or agents of the physician involved in the contractual agreement.
Consent
An agreement between two or more parties for a given act.
contract
Defense strategy in which the defendant admits to negligence but claims that the plaintiff assisted in promoting the damages,
Contributory negligence
the resulting injury or suffering that resulted from negligence.
Damages
Making false or malicious statements about a person’s character or reputation.
Defamation of character
the party that is accused.
Defendant
a process in which one party questions another party under oath.
Depostion
a legal document giving another person the authority to act on one’s behalf.
Durable power of attorney
the act of compelling or forcing someone to do something that they do not want to dol
Duress
patient under the age of majority but who is legally considered to be an adult.
Emancipated minor
guidelines for moral behavior that are enforced by peer groups.
Ethics
professional who testifies on the standard of care in a trial.
Expert witness
statement of approval from the patient for the physician to perform a given procedure after the patient has been educated about the risks and benefits of the particular procedure ; also referred to as informed consent.
Express consent
formal agreements between two or more people.
Express contracts
sharing of fees between physicians for patient referrals.
Fee splitting
a deceitful act with the intention to conceal the truth.
Fraud
federal law passed in 2008 to protect against employment discrimination based on a person’s or their family’s genetic information. Also prohibits health insurance plans from requiring genetic info in order to make decisions regarding health insur. coverage.
Genetic Information Nondiscrimination Act
(GINA)
informal agreement of approval from the patient to perform a given task.
Implied consent
contracts between physician and patient not written but assumed by the actions of the parties.
Implied contracts
aka: express consent. Patient’s rigt to know whenever the treatment involves an invasive procedure such as surgery, use of experimental drugs, potentially dangerous procedures such as stress tests, or any treatment that poses a significant risk to the patient.
Informed consent
An act that takes place with malice and with the intent of causing harm. The deliberate violation of another person’s legal rights. (assualt and battery, use of duress, etc)
Intentional tort
health care facilities have a responsibility to report certain events to governmental agencies without the patient’s consent. (vital statistics, medical examiner reports, infectious or communicable diseases, etc)
Legally required disclosures
written statements that defame a person’s reputation or character.
Libel
granting of a license or legal permission to perform a certain profession.
Licensure
process of filing or contesting a lawsuit.
Litigation
a substitute physician
Locum tenens
a tort in which the patient is harmed by the actions of a health care provider.
Malpractice
performance of an act that a reasonable health care worker would not have done or the omission of an act that reasonable person would have done.
Negligence
individuals trained to assist people in accessing the healthcare system.
Patient navigator
a law requiring health care facilities to provide info to patients about their rights under state laws in the event they are unable to do so themselves.
Patient Self-Determination Act
(PSDA)
the party who initiates a lawsuit
Plaintiff
the use of previous court decisions as a legal foundation.
Precedents
a code of proper conduct; a treatment plan
Protocol
Enrollment in a particular professional entity that endorse one’s skills and abilities.
Registered
“the things speak for itself”
Res ispa loquitur
“let the master answer”
Respondeat superior
oral statements that defame a person’s reputation or character.
Slander
“the previous decision stands”
Stare decisis
a legal time limit
Statute of limitations
court order requiring an indiviual to appear at court at a given date and time.
Subpoena
the righting of wrongs or injuries suffered by someone because of another person’s wrongdoing.
Tort
a code of ethics allows the organization to set standards by which it may discipline its members. A collective statement from a professional organization that depicts the behavioral expectations for its members.
ethics
AMA Principles of Medical Ethics
criminal: arson, murder, rape
constitutional: abortion laws, civil rights laws
administrative: FDA, IRS, Board of Medical Examiners
international: trade agreements, extradition, boundaies, international waters
Public law
focuses on issues between private citizens. (contract, commercial, and tort law)
Private or civil law
