Key Terms - Chapter 6 Flashcards

1
Q

constitutional law

A

Consists of laws that are made by the constitution of the United States or individual states

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2
Q

medically indigent

A

refers to those individuals unable to pay for their own medical coverage

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3
Q

statutory law

A

the body of laws made by states

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4
Q

common law

A

refers to laws developed in England and France and brought to the United States by the early settlers; sometimes referred to as judge-made law

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5
Q

precedents

A

refers to rulings made at an earlier time and include decisions made in a court, interpretations of a constitution, and statutory law decisions

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6
Q

criminal law

A

law related to wrongs committed against the welfare and safety of society as a whole

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7
Q

malfeasance

A

a conduct that is illegal or contrary to an official’s obligation

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8
Q

felony

A

a more serious crime that includes murder, larceny or theft of a large amount of money, assault, and rape

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9
Q

misdemeanor

A

considered a lesser offense and vary from state to state; punishment is usually probation or a time of public service and a fine

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10
Q

civil law

A

law related to actions between individuals

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11
Q

misfeasance

A

a civil law term referring to a lawful act that is improperly or unlawfully executed

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12
Q

nonfeasance

A

a civil law term referring to the failure to perform an act, official duty, or legal requirement

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13
Q

defendant

A

person who defends action brought in litigation

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14
Q

plantiff

A

person bringing charges in litigation

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15
Q

tort law

A

law that stems from torts, or wrongful acts that cause harm to one person, by another

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16
Q

administrative law

A

establishes agencies that are given the power to make laws and enact regulations

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17
Q

Health Insurance Portability and Accountability Act (HIPAA)

A

government rules, regulations, and procedures resulting from legislation designed to protect the confidentiality of patient information

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18
Q

administer

A

to give a medication

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19
Q

prescribe

A

to order or recommend the use of a drug, diet, or other form of therapy

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20
Q

dispense

A

prepare and give out a medication to be taken at a later time

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21
Q

contract law

A

law that refers to agreements between individuals and entities that are binding

22
Q

expressed contract

A

written or verbal contract that specifically describes what each party in the contract will do

23
Q

implied contract

A

contract indicated by actions rather than words

24
Q

agent

A

person representing another

25
Q

noncompliant

A

describes one who fails to follow a required command or instruction

26
Q

tort

A

a wrongful act, other than a breach of contract, resulting in injury to one person by another

27
Q

negligence

A

the failure to exercise the standard of care that a reasonable person would exercise in similar circumstances

28
Q

malpractice

A

professional negligence or the failure of a medical professional to perform the duty required of the position, causing injury to another

29
Q

litigation

A

court action

30
Q

libel

A

false and malicious writing about another, such as in published materials, pictures, and media

31
Q

slander

A

false and malicious spoken words

32
Q

informed consent

A

consent given by the patient who is made aware of any procedure, its risks, expected outcomes, and alternatives

33
Q

expressed consent

A

written or verbal contract that specifically describes what each party in the contract will do

34
Q

implied consent

A

occurs when there is a life-threatening emergency, or when the patient is unconscious or unable to respond

35
Q

incompetence

A

a legal term indicating a person who is not able to manage his/her affairs due to a low IQ, mental deterioration, illness or psychosis, or it may sometimes indicate physical disability

36
Q

minor

A

a person who has not reached the age of majority (18-21 years old), depending on the laws of the state

37
Q

emancipated minor

A

minors younger than 18 years who are free of parental care and are financially responsible, married, become parents, or join the armed forces

38
Q

mature minors

A

persons, usually younger than 18 years, who are able to understand and appreciate the nature and consequences of treatments despite their young age

39
Q

risk management

A

Techniques adhered to in the ambulatory care setting that keep the practice, its environment, and its procedures as safe for the patient as possible. This also reduces the possibility of negligence that leads to torts and malpractice suits

40
Q

subpoena

A

an order from the court naming the specific date, time, and reason to appear

41
Q

discovery

A

the time in which both parties are allowed access to all information and evidence related to a legal case; follows the subpoena process

42
Q

interrogatory

A

a written set of questions that can come from either plaintiff or the defendant and that must be answered, under oath, and within a specific time period

43
Q

deposition

A

oral testimony taken with a court reporter present in a location agreed on by both parties

44
Q

expert witness

A

one who has enough knowledge and experience in a field to be able to testify to what is the reasonable and expected standard of care

45
Q

alternative dispute resolution (ADR)

A

an alternative to trial that encourages the parties to settle their differences out of court

46
Q

mediation

A

dispute resolution that allows a facilitator to help the two parties settle their differences and come to an acceptable solution

47
Q

arbitration

A

allows the neutral party to settle the dispute

48
Q

intimate partner violence (IPV)

A

refers to violence or abuse between a spouse or former spouse; boyfriend, girlfriend, or former boy/girlfriend; and same sex or heterosexual intimate partner or former.

49
Q

durable power of attorney for health care

A

legal form that allows a designated person to act on another’s behalf in regard to health care choices

50
Q

Patient Self-Determination Act (PSDA)

A

the Act that includes the advance directive giving patients the right to be involved in their health care decisions