Key Terms - Chapter 6 Flashcards
constitutional law
Consists of laws that are made by the constitution of the United States or individual states
medically indigent
refers to those individuals unable to pay for their own medical coverage
statutory law
the body of laws made by states
common law
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
precedents
refers to rulings made at an earlier time and include decisions made in a court, interpretations of a constitution, and statutory law decisions
criminal law
law related to wrongs committed against the welfare and safety of society as a whole
malfeasance
a conduct that is illegal or contrary to an official’s obligation
felony
a more serious crime that includes murder, larceny or theft of a large amount of money, assault, and rape
misdemeanor
considered a lesser offense and vary from state to state; punishment is usually probation or a time of public service and a fine
civil law
law related to actions between individuals
misfeasance
a civil law term referring to a lawful act that is improperly or unlawfully executed
nonfeasance
a civil law term referring to the failure to perform an act, official duty, or legal requirement
defendant
person who defends action brought in litigation
plantiff
person bringing charges in litigation
tort law
law that stems from torts, or wrongful acts that cause harm to one person, by another
administrative law
establishes agencies that are given the power to make laws and enact regulations
Health Insurance Portability and Accountability Act (HIPAA)
government rules, regulations, and procedures resulting from legislation designed to protect the confidentiality of patient information
administer
to give a medication
prescribe
to order or recommend the use of a drug, diet, or other form of therapy
dispense
prepare and give out a medication to be taken at a later time
contract law
law that refers to agreements between individuals and entities that are binding
expressed contract
written or verbal contract that specifically describes what each party in the contract will do
implied contract
contract indicated by actions rather than words
agent
person representing another
noncompliant
describes one who fails to follow a required command or instruction
tort
a wrongful act, other than a breach of contract, resulting in injury to one person by another
negligence
the failure to exercise the standard of care that a reasonable person would exercise in similar circumstances
malpractice
professional negligence or the failure of a medical professional to perform the duty required of the position, causing injury to another
litigation
court action
libel
false and malicious writing about another, such as in published materials, pictures, and media
slander
false and malicious spoken words
informed consent
consent given by the patient who is made aware of any procedure, its risks, expected outcomes, and alternatives
expressed consent
written or verbal contract that specifically describes what each party in the contract will do
implied consent
occurs when there is a life-threatening emergency, or when the patient is unconscious or unable to respond
incompetence
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
minor
a person who has not reached the age of majority (18-21 years old), depending on the laws of the state
emancipated minor
minors younger than 18 years who are free of parental care and are financially responsible, married, become parents, or join the armed forces
mature minors
persons, usually younger than 18 years, who are able to understand and appreciate the nature and consequences of treatments despite their young age
risk management
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
subpoena
an order from the court naming the specific date, time, and reason to appear
discovery
the time in which both parties are allowed access to all information and evidence related to a legal case; follows the subpoena process
interrogatory
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
deposition
oral testimony taken with a court reporter present in a location agreed on by both parties
expert witness
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
alternative dispute resolution (ADR)
an alternative to trial that encourages the parties to settle their differences out of court
mediation
dispute resolution that allows a facilitator to help the two parties settle their differences and come to an acceptable solution
arbitration
allows the neutral party to settle the dispute
intimate partner violence (IPV)
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.
durable power of attorney for health care
legal form that allows a designated person to act on another’s behalf in regard to health care choices
Patient Self-Determination Act (PSDA)
the Act that includes the advance directive giving patients the right to be involved in their health care decisions
