Chp 2 Flashcards

Law and Ethics

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1
Q

Physician withdraws from the contractual relationship without proper notification while the patient still needs treatment.

A

Abandonment

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2
Q

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.

A

Advance directive

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3
Q

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.

A

Americans with Disabilities Act Amendments Act
(ADAAA)

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4
Q

Process by which the higher court reviews the decision of the lower court.

A

Appeal

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5
Q

Unauthorized attemt or threat to touch another person without consent.

A

Assault

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6
Q

The actual physical touching of a patient without consent.

A

Battery

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7
Q

the judge hears the case without a jury and renders a verdict (decision or judgement).

A

Bench trial

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8
Q

Moral issues and concerns that affect a person’s life.

A

bioethics

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9
Q

Viruses that can be spread through direct contact with blood or body fluids from an infected person.

A

Blood-borne pathogens

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10
Q

An infraction, such as breach of contract, in which the agreed-on terms are violated.

A

Breach

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11
Q

Voluntary process that involves a testing procedure to prove an indvidual’s baseline competency in a particular area.

A

Certification

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12
Q

a branch of law that focuses on issues between private citizens.

A

Civil law

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13
Q

a branch of law that focuses on issues between private citizens.

A

Civil law

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14
Q

Traditional laws that were established by the English legal system

A

Comon law

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15
Q

a percentage of damage awards base on the contribution of negligence between two parties.

A

Comparative negligence

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16
Q

Protection of pateint data from unauthorized personnel.

A

Confidentiatlity

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17
Q

Agree to being touched, examined, or treated by the physician or agents of the physician involved in the contractual agreement.

A

Consent

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18
Q

An agreement between two or more parties for a given act.

A

contract

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19
Q

Defense strategy in which the defendant admits to negligence but claims that the plaintiff assisted in promoting the damages,

A

Contributory negligence

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20
Q

the resulting injury or suffering that resulted from negligence.

A

Damages

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21
Q

Making false or malicious statements about a person’s character or reputation.

A

Defamation of character

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22
Q

the party that is accused.

A

Defendant

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23
Q

a process in which one party questions another party under oath.

A

Depostion

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24
Q

a legal document giving another person the authority to act on one’s behalf.

A

Durable power of attorney

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25
Q

the act of compelling or forcing someone to do something that they do not want to dol

A

Duress

26
Q

patient under the age of majority but who is legally considered to be an adult.

A

Emancipated minor

27
Q

guidelines for moral behavior that are enforced by peer groups.

A

Ethics

28
Q

professional who testifies on the standard of care in a trial.

A

Expert witness

29
Q

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.

A

Express consent

30
Q

formal agreements between two or more people.

A

Express contracts

31
Q

sharing of fees between physicians for patient referrals.

A

Fee splitting

32
Q

a deceitful act with the intention to conceal the truth.

A

Fraud

33
Q

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.

A

Genetic Information Nondiscrimination Act
(GINA)

34
Q

informal agreement of approval from the patient to perform a given task.

A

Implied consent

35
Q

contracts between physician and patient not written but assumed by the actions of the parties.

A

Implied contracts

36
Q

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.

A

Informed consent

37
Q

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)

A

Intentional tort

38
Q

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)

A

Legally required disclosures

39
Q

written statements that defame a person’s reputation or character.

A

Libel

40
Q

granting of a license or legal permission to perform a certain profession.

A

Licensure

41
Q

process of filing or contesting a lawsuit.

A

Litigation

42
Q

a substitute physician

A

Locum tenens

43
Q

a tort in which the patient is harmed by the actions of a health care provider.

A

Malpractice

44
Q

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.

A

Negligence

45
Q

individuals trained to assist people in accessing the healthcare system.

A

Patient navigator

46
Q

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.

A

Patient Self-Determination Act
(PSDA)

47
Q

the party who initiates a lawsuit

A

Plaintiff

48
Q

the use of previous court decisions as a legal foundation.

A

Precedents

49
Q

a code of proper conduct; a treatment plan

A

Protocol

50
Q

Enrollment in a particular professional entity that endorse one’s skills and abilities.

A

Registered

51
Q

“the things speak for itself”

A

Res ispa loquitur

52
Q

“let the master answer”

A

Respondeat superior

53
Q

oral statements that defame a person’s reputation or character.

A

Slander

54
Q

“the previous decision stands”

A

Stare decisis

55
Q

a legal time limit

A

Statute of limitations

56
Q

court order requiring an indiviual to appear at court at a given date and time.

A

Subpoena

57
Q

the righting of wrongs or injuries suffered by someone because of another person’s wrongdoing.

A

Tort

58
Q

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

A

AMA Principles of Medical Ethics

59
Q

criminal: arson, murder, rape
constitutional: abortion laws, civil rights laws
administrative: FDA, IRS, Board of Medical Examiners
international: trade agreements, extradition, boundaies, international waters

A

Public law

60
Q

focuses on issues between private citizens. (contract, commercial, and tort law)

A

Private or civil law