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DHE&P 2016 > Common Legal Terms > Flashcards

Common Legal Terms Flashcards

1
Q

abandonment

A

discontinuation of a patient/provider relationship once it has been established

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2
Q

abuse

A

any care or relationship that harms, pains, or causes mental anguish to another

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3
Q

accreditation

A

a nongovernmental process for ensuring that a predetermined set of standards has been met; used to assure the public that the graduates of a particular program are prepared to practice

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4
Q

allegation

A

an assertion, claim, or statement of an individual in a legal proceeding

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5
Q

amoral

A

to be without morals; that which is indifferent to morality

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6
Q

assault

A

threatening to harm an individual; a type of tort or civil wrong

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7
Q

assent

A

permission granted by a minor or another person who is unable to give consent

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8
Q

autonomous

A

independent and self-determining

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9
Q

autonomy

A

the principle of self-determination in a person; the right to participate in and decide on a course of action w/out undue influence; provides the foundation for a right to privacy and the ability to choose

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10
Q

battery

A

the commission of bodily harm against another person

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11
Q

beneficence

A

the principle of promoting good or well-being

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12
Q

breach of confidentiality

A

unauthorized release of confidential data, either spoken or written

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13
Q

breach of contract

A

the act of breaking a contract, agreement, promise, or legal duty by failing to perform a promised or required act

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14
Q

case law

A

common law; law determined by court judgements, not by legislation

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15
Q

character

A

collectively, the qualities that define a person or group of persons; a person’s moral nature

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16
Q

civil action

A

legal action taken to protect the private right of individuals

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17
Q

civil law

A

legal matters other than criminal ones; includes torts and contractual agreements
(legal matters other matters; criminal law–to govern society; torts –intentional or unintentional; contractual agreements–contract agreement)

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18
Q

civil rights

A

the rights granted residents of the United States by the Constitution and legislative acts passed after the Civil War; freedom of speed, the right to vote, and freedom from discrimination

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19
Q

code of ethics

A

a set of rules or guidelines that address the ethical standards of a professional

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20
Q

competency

A

having the knowledge, skill, and ability to perform a prescribed set of tasks or duties independently and with confidence

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21
Q

confidentiality

A

that which is entrusted or held in secret; the precept by which information shared by a patient during the course of receiving health care is kept in confidence by the health care

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22
Q

consent

A

patient’s agreement to treatment; may be written, oral, or implied. a patient or guardian gives consent for a minor

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23
Q

consequentialism

A

the theory that the rightness or wrongness of actions determined by consequences; also called teleology

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24
Q

contributory Negligence

A

an action or lack of action that contributes to the harm or injury of an individual and negatively affects his or her health status

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25
Q

criminal action

A

a legal action taken in a court of law to protect society

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26
Q

criminal law

A

a body of laws established for the purpose of preventing harm to society; describes what conduct is criminal and prescribes the punishment for criminal conduct; may be codified into criminal or penal codes

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27
Q

defamation

A

the act of maliciously making a false statement that injures another’s reputation; termed libel if a written statement; slander if an oral statement

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28
Q

defendant

A

a person being sued in a civil case or charged with a crime

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29
Q

dental record

A

a written comprehensive, ongoing file of assessment findings, treatment rendered, notations, and contacts with the dental patient

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30
Q

deposition

A

a discovery method, out of court, in which information is given under oath of testimony of a party or witness and recorded by a court reporter; can be subject to cross-examination

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31
Q

discovery

A

the process by which or period during which each party involved in a lawsuit obtains information concerning the facts of the lawsuit; includes depositions, interrogations, and record copying

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32
Q

discrimination

A

the act of treating persons differently based on factors they cannot control, such as age, handicapping conditions, race, or gender

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33
Q

distributive justice

A

the just allocation and distribution of resources for the good of society

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34
Q

due process

A

the right of fair application of laws or regulations for each person; a process established to ensure fairness and equity

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35
Q

duty

A

action or conduct based on moral or legal obligation

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36
Q

emancipated minor

A

an individual younger than 18 years who is independent of a parent; laws can vary from state to state

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37
Q

employment

A

a situation in which an individual works for payment

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38
Q

equal employment opportunity commission

A

the federal agency that investigates claims of employment discrimination and sexual harassment

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39
Q

ethical analysis

A

the process by which ethical decisions are made using a structured format

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40
Q

ethical dilemma

A

a situation in which two or more ethical principles are in conflict

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41
Q

ethical theory

A

a systematic examination of morals involving critical reflection and analysis about what is right and wrong

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42
Q

ethics

A

the inquiry into the nature of morality or moral acts; values by which human beings live in relation to other human beings, nature, a higher power, and/or themselves

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43
Q

federal laws

A

laws enacted and upheld by the U.S. government

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44
Q

felony

A

serious crime, with stricter penalties than a misdemeanor or petty crime

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45
Q

fidelity

A

faithful to promises and obligations; a core value or ethical principle found in a code of ethics; closely related to veracity, trust and confidentiality

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46
Q

fiduciary relationship

A

a relationship based on responsibility b/w the patient and the health care provider

47
Q

fraud

A

deliberate misrepresentation of facts or information

48
Q

harassment

A

the act of annoying or threatening a person by work or deed

49
Q

Hippocratic oath

A

an oath written by a physician in the fourth century, that is the foundation for most ethical codes in health care

50
Q

impaired professional

A

an individual who has undergone professional training but who is no longer able to function in a professional capacity because of illness or substance abuse

51
Q

implied

A

not specifically stated or written but capable of being inferred by action(s)

52
Q

incident reporting

A

a written report that details the aspects of an accident or unusual situation

53
Q

incompetent

A

nor mentally able; one who lacks skills or abilities

54
Q

informed consent

A

the act of providing information to and ensuring the understanding of a patient regarding treatment risks, treatment options, and the nature of the disease or problem

55
Q

injury

A

any wrong or damage done to another person, his or her rights, reputation, or property

56
Q

injury causation

A

the required link b/w a patient’s injury and a dental hygienist’s breach of duty (i.e., the patient’s injury must be caused by the dental hygienist’s breach of duty

57
Q

intentional tort

A

a civil wrong that occurs when an individual intends the results of an action

58
Q

judgement

A

final decision by the court

59
Q

jurisprudence

A

science or philosophy of law

60
Q

justice

A

the principle that deals with fairness and the allocation of what people earn or deserve

61
Q

liability

A

responsibility for the course of action

62
Q

licensure

A

a process regulated by a governmental agency in which individuals are authorized to perform certain function

63
Q

litigation

A

lawsuit

64
Q

malpractice

A

professional services such as performed by a dentist or dental hygienist, done without reasonable care or skill or in violation of ethics

65
Q

moral dilemma

A

a situation in which obligations and responsibilities are in conflict

66
Q

moral distress

A

frustration from perceived powerlessness when what is happening appears to be wrong and the person is unable to act ethically

67
Q

morality

A

that which is right and good; the quality of an action with regard to right and wrong

68
Q

moral principles

A

a mode of choosing that which is universal

69
Q

moral reasoning

A

the formulation of a morally ideal course of action; the process of judging what one ought to do in a specific situation

70
Q

moral sensitivity

A

the process of interpreting a situation from a moral perspective; involves making inferences about thoughts, feelings, and perceptions of others; understanding

71
Q

moral uncertainty

A

a state of questioning whether a moral obligation exists and/or the scope of that obligation

72
Q

moral weakness

A

a state in which moral responsibilities and personal inclinations are in conflict

73
Q

negligence

A

a lack of reasonable and prudent care resulting in harm

74
Q

nonconsequentialism

A

theory where an action is right when it conforms to a duty or rule; also called deontological ethics or Kantian ethics

75
Q

nonmaleficence

A

the principle that states the duty to avoid harming the patient, summarized in the phrase “do no harm”

76
Q

oath

A

a solemn promise to do something or to follow some guideline(s)

77
Q

obligation

A

a duty to conform to a rule or custom

78
Q

paternalism

A

an act or action based on doing good for a patient, in the manner that a father would, but this is done w/out patient’s full knowledge; an approach that limits a patient’s autonomy

79
Q

peer review

A

the process of allowing professional colleagues to critically examine treatment provided in a dental or dental hygiene case and render an opinion on the appropriateness of that treatment

80
Q

plaintiff

A

injured person or guardian in a lawsuit the party who initiates or files a lawsuit

81
Q

prima facie duty

A

considering only one single moral principle, the first principle to act on over another equally compelling principle; the duty that may be primary

82
Q

primum non nocere

A

a Latin term meaning “first, do no harm”

83
Q

professional autonomy

A

the concept that a professional who provides care for a patient, thereby establishing a provider-patient relationship, is not obligated to provide that care if it would involve performing unethical services

84
Q

professional code

A

the written standards that detail the responsibilities of a particular group

85
Q

professionalism

A

the quality of performing with the skill, knowledge, and abilities of a professional person; the possession of specialized knowledge and skill in a field of human endeavor

86
Q

professional traits

A

characteristics desirable in a health care profession

87
Q

quality assessment

A

a process used systematically and continuously to assess the quality of the patient care delivery system for the purpose of improvement

88
Q

quality improvement

A

system to collect information that will lead to the improvement of procedures, processes, and outcomes

89
Q

quid pro quo

A

a Latin term meaning “something for something”

90
Q

regulation

A

a rule or restriction

91
Q

relativism

A

the theory that truth is not absolute but is relative to circumstances, individual beliefs, cultural background, or other factors

92
Q

res lpsa loquitur

A

Latin for “the deed speaks for itself”; “the cause”

93
Q

respondeat Superior

A

Latin for “the master answers”; responsibility for the employer for the actions of the employees

94
Q

risk factors

A

listing of structures, procedures, or processes that could lead to undesired outcomes

95
Q

sanction

A

a penalty attached to a law to gain compliance

96
Q

scope of practice

A

the broad range of duties legally defined for a particular health care provider

97
Q

sexual harassment

A

a form of discrimination; involves unwelcome talk or touching or other actions regarding a sexual activity

98
Q

standard

A

a quality or specific level of performance

99
Q

standard care

A

the level and quality of care expected of a reasonable and prudent practitioner

100
Q

statue

A

law

101
Q

statue of limitations

A

the state law or part of a specific statute that specifies the period during which legal action must be taken

102
Q

statutory law

A

a body of law created by acts of legislature

103
Q

subpoena

A

legal summons requiring a person to report to a trial or to provide testimony

104
Q

supervision

A

the act of directing or observing the activities of another person

105
Q

technical assault

A

touching without permission but with not intention of harming; similar to technical battery

106
Q

technical battery

A

touching without permission but with no intention of harming; similar to technical assault

107
Q

testimony

A

statement, given under oath, regarding details of an event or occurrence

108
Q

tort

A

a civil wrong in which another’s person or property is harmed as a result of negligent or intentional acts

109
Q

trait

A

a characteristic

110
Q

unintentional tort

A

a civil wrong that occurs when an individual does not intend the results of an action

111
Q

utilitarianism

A

the theory that an action is right when it conforms to a rule of conduct or judgement providing the greatest balance of good or evil; also termed deontology

112
Q

value

A

a principle or concept considered worthwhile

113
Q

veracity

A

truth-telling; honesty

114
Q

virtue ethics

A

a theory that focuses on the character traits of an individual rather than on the individual’s specific behavior

DHE&P 2016 (5 decks)

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