Final Flashcards
Define tort
A civil wrong committed against a person or property that causes physical or damage to someone’s property
What does a medical assistant’s scope of practice mean?
Vary state to state
Define the term law
The systems of rule & conduct or action formally recognized as binding or enforced by a controlling authority
Can a patient sue a provider for a missed appointment?
No
Define battery
An action that causes bodily harm
Define assault
Open threat bodily harm
Define medical negligence
Is a form of medical malpractice sometimes isn’t their intent to harm someone. When a patient becomes injured as a result.
Define intentional negligence
When a person commits a tort, a willful intention.
Define fraud
Wrongfully or criminal intended to result in financial or personal gain. An individual knows its false.
What is power of attorney?
Legal document that allows another individual help you on your behalf.
Define implied consent
Duties
Conformation by an organization that an individual is qualified to perform a job to professional standards is called?
Certification
What does the False Claim Act protect?
It protects your employees, contractors, anyone who works in that and protects any violation.
What is one way to help prevent lawsuits from taking place?
Accurate documentation
If a medical assistant gives a patient an injection after the patient has refused the procedure, this could result in what type of tort?
Battery
Give examples of what is considered legally required to file a mandated disclosure to health organizations?
Birth, death, injured that are implicated by violence, STIs and STDs. You don’t need consent to report those.
Define self-referring
Making the appointment yourself without needing the assistance of a physician referring you to.
What organization developed standard precautions required by OSHA?
CDC - Centers for disease, Control and preventions
List the 4 D’s of negligence
Duty, Dereliction, damages, and direct cause.
How does the Good Samaritan Act protect civilians? Does it protest in all 50 states?
The protect someone who assist in helping another civilian in an emergency setting. Yes
How might a MA address positive Chlamydia test results to the patient?
Call and leave a voicemail for that patient and ask them to come in for a discussion of their results, If its a positive result.
What is HITECH?
HIPPA on steroids.
What is the division of the US Department of Labor ha created federal laws to protect healthcare workers from health hazards on the job?
OSHA - Occupational Safety Health Administration
What is the federal agency that requires all manufactures to perform clinical tests on new drugs before human use?
FDA - Food and Drug Administration
This is a federal agency that was formed to strengthen the regulations on addictive drugs?
DEA - Drug Enforcement Administration
Is a physician’s job to promise a cure to a patient?
No they could get sued.
What is the legal document in which one person becomes designated to make medical decisions in the event their love one cannot make their own healthcare decisions?
Living will
Define malfeasance
An unlawful act or misconduct
Define Res ipsa loquitur
Speaks for itself
Define Respondeat superior
Let the masters speak
Is a advance directive considered a healthcare contract?
No, its not
What is another term for malpractice insurance?
Liability Insurance
What is the difference between implied consent and informed consent?
Informed consent is required in writing explanation of a procedure, with time to ask questions, while implied consent is directly given.
Define Kickback
First to provide financial incentives to a healthcare provider or referring patient its illegal.
What is the difference between living will and advance directive?
Living will is specific documents that shape end-of-life treatments and advance directive is any legal form
Define DNR
Do Not Resuscitate
Name a few differences between a advance directive and POLST?
POLST is a legal binding contract the doctor an patient advance direct isn’t legal binding.
