Gidden 57 Health Care Law Flashcards
The process for creating healthcare law is through (3)
1 the United States Congress or the state legislative processes
2 regulatory activities by government agencies
3 through precedent setting judicial opinions resulting from court cases
(Giddens 57 Health Care Law)
Healthcare law originates from ____ and _____ sources of state and federal law, including, but not limited to, constitutional law, statutory law, administrative law, common law, tort law, contract law, criminal law, and in some instances, employment law
primary and secondary
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_________ law is formed under the authority of the Federal United States Constitution and enacted through Congress
Federal statutory
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If state law conflicts with federal law, _____ law governs
federal
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law deals with the fundamental principles by which a government exercises its authority
Constitutional
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_______ defines the role, powers, and structures of our government—namely, the executive, legislative, and judicial branches. It also describes the basic rights of citizens and relationships between our federal government and the sovereignty of the states.
United States Constitution
(Giddens 57 Health Care Law)
Federal and state statutory laws are laws that arise from
legislative action.
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_____ law, also referred to as judge-made law, case law, or judicial precedent, is a body of law derived from decisions made by appellate or supreme courts.
Common
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A ____ is a wrongful and unreasonable action or omission to an individual or entity against a person who suffers harm from the act or omission
tort
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The goals of tort law are (3)
(1) to provide relief to the harmed party
(2) to impose liability on those responsible for the harm
(3) to deter others from such harmful acts
(Giddens 57 Health Care Law)
There are three categories of tort law:
(1) Intentional torts, such as assault or battery
(2) negligent or unintentional torts, such as a slip and fall or a car accident
(3) strict liability, where no degree of care matters, such as ultrahazardous materials or dangerous animals.
(Giddens 57 Health Care Law)
_______ law is the body of law that governs mutual agreements between two or more individuals or groups of people or businesses
Contract
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_____ law relates to crime and prohibits conduct that threatens or harms others or endangers the property or health or safety of individuals
Criminal
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Criminal law is distinguishable from civil law as it:
is distinguishable from civil law as it authorizes punitive treatment of the offender
(Giddens 57 Health Care Law)
Legal theory is also known as
jurisprudence
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In general, there are four elements to a civil medical malpractice lawsuit for which the plaintiff or accusing party must prove to receive compensation. What are they?
The patient must show evidence that the nurse, physician, or alleged healthcare provider
(1) owed the patient a duty/standard of care,
(2) breached the duty/standard to provide adequate care
(3) caused injury to the patient (causation), and
(4) caused an injury that resulted in damages.
(Giddens 57 Health Care Law)
Healthcare providers breach their duty to patients when they
fall below the standard of care or deviate from the standard.
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______ is the link between breach and injury
Causation
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If the injury would not have occurred “but for” the defendant’s actions, there is _____ .
causation
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______ is a legal term that means a person has sufficient capacity and ability to make reasoned decisions.
Competence
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_____ refers to an evaluation or assessment of a person’s ability to understand, appreciate, and manipulate information to form rational decisions
Capacity
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______ is determined by a physician or other healthcare practitioner, not by a judge
Capacity
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If the surrogate decision-maker has discussed the wishes and desires of treatment or end-of -life care in advance with the patient who is now incapable of making own decisions, the surrogate is ethically bound to abide by the patient’s wishes and stand in their shoes. This is called:
substituted judgment
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If it is not clear what healthcare treatment or refusal of care an incompetent or incapacitated patient would choose, then the surrogate is ethically obligated to act in the best interest of the patient, known as:
the best interest standard
(Giddens 57 Health Care Law)
Death with dignity laws allow physicians to write a prescription for a lethal dose of medication that a mentally competent but terminally ill patient can use to end his or her life if the patient has less than _____ to live
6 months
(Giddens 57 Health Care Law)
______ created a trust fund for the establishment of the Medicare and Medicaid insurance programs for those who do not have medical insurance through employment
Social Security Act Amendments of 1965
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What act ensures the following:
emergency departments have a duty to care for those requiring emergency medical services irrespective of a patient’s ability to pay
must provide an appropriate medical screening exam to a patient who presents for treatment
must stabilize any emergency medical condition before transferring the patient to another facility
Emergency Medical Treatment and Active Labor Act of 1986
(Giddens 57 Health Care Law)
Which act ensures the following:
1 - provide individuals with preexisting medical conditions access to health insurance if they changed or lost their job
2 - prevent healthcare fraud and abuse and promote medical liability reform.
3 - health information privacy requirements for individually identifiable health information
4 -
Health Insurance Portability and Accountability Act of 1996
(Giddens 57 Health Care Law)
