Law and Ethics Flashcards
Respondeat Superior
“let the master answer”
Doctrine of Respondeat Superior
If a CMA is involved in a legal action resulting from work, then the doctor is ultimately responsible for the CMA’s actions or losses incurred.
Subpoena
A legal writ (order) requiring a person to come to court, to testify in court, and/or to produce documents or evidence.
Res ipsa loquitur
- “The thin speaks for itself”
* The principle of law that allows the use of circumstantial evidence as proof.
Locum Tenens
- “To substitue for”
* Allows one medical professional to serve temporarily in place of another.
Desposition
A sworn testimony of witness statement taken under oath (write or speech) for the use in court.
Statute of Limitations
A law defining the maximum period the complainant or appellant can wait before filling a lawsuit.
Assumption of risk
An affirmative defense that the defendant can allege in order to defeat a plaintiff’s recovery in a negligence lawsuit. The defendant can claim that the plaintiff assumed the risk when the plaintiff consented to a known risk.
Arbitration Agreement
The patient agrees to give up the right to sue the doctor.
Tort
A wrongful act that does not involve a contract.
Malpractice
Failure of a professional to use the degree of skill & learning, which cause injury, loss, or damage to the patient, who’s receiving that care.
Negligence
Since negligence is an accidental (e.g., business errors, miscalculations), it cannot count as an intentional tort.
Contributory Negligence
If the patient is partially injured due to the negligence of the doctor, the doctor cannot pay any compensation to the injured person.
Comparative Negligence
A rule used in accident cases to calculate the percentage of responsibility of the physician directly involved in the accident. Damages (money) are awarded based on a complex formula.
Assault
Threaten or attempt to injure the patient.
Battery
An unlawfully touching another person w/o their consent.
Invasion of Privacy
Unsolicited or unauthorized exposure of patient information.
What are the 2 types of invasion of privacy.
1) Physical
2) Informational
False Imprisonment
The intentional unlawful confinement (imprisonment) of a person against their will.
AMA stand for
Against Medical Form
AMA
If patients choose to leave the hospital or violate medical advice, they need to sign the form.
Abuse
Care that result in physical harm, pain, or mental anguish.
Defamation
A false statements that cause ridicule or damage to a person’s reputation.
What are the 2 types of defamation?
1) Slander - spoken
2) Libel - written
Subpoena Duces Tecum
A writ ordering a person to attend a court and bring relevant documents.
Civil Law
A statute that enforces private rights & liabilities, as differentiated from criminal law.
Criminal Law
Crimes that endanger society.
Contract
A legally binding document between at least two parties that defines and governs the rights and duties of the parties to an agreement.
Breach of Contract
Failure to performed according to the agreement. The contract is breached.
Plantiff
The side who was injured and presents the complaint to court.
Defendant
The person/group in which the claim is being raised up against.
Abandonment
The withdrawal of physician from the care of a patient w/o reasonable notice of such discharge from the case by the patient.
Living Will
A document that allows patients to state the medical care they want or do not want to receive when they are unable to make a decision.
Power of Attorney
A document that allows one person (principle) to give another person (agent) the right to make decisions about their treatment when they cannot.
Patient’s Bill of Rights
A law that provide patients with inform. on how they can reasonable expect to the treated during the course of their hospital stay.
Liability
Refers to being legally responsible for causing harm.
Fraud
Intentional dishonesty for unfair or illegal gain.
Code Blue
The adult patient is in cardiac arrest. Call the resuscitation team.
Code Pink
Infant cardiac arrest
DNR stand for
“Do Not Resuscitate”
OSHA stand for
Occupational Safety and Health Administration
FDA stand for
Food & Drug Administration
ADA stand for
American with Disabilities Act
CLIA stand for
Clinical Improvements Amendment
DRGs stand for
Diagnosis Related Groups
DRGs
Medical conditions grouped together for coding purposes.
RVUs
A key part of how Medicare determines the reimbursement rate for all the physician services & procedures listed in the CPT codes.
HIPAA stand for
Health Insurance Portability & Accountability Act
HIPAA
A law that required the creation of national standards to protect sensitive patient health records from being disclosed w/o the patient’s consent or knowledge.
DEA stands for
Drug Enforcement Agency
IRS stands for
Internal Revenue Service
IRS
Responsible for tax collection & law enforcement.
HITECH Act stand for
Health Information Technology for Economic & Clinical Health Act.
HITECH Act
Created to promote & expand the adoption of health technology (e.g., the use of EHR).
Insurance Portability
It aims to provide continuous insurance protection when people change jobs or lose their jobs.
Catastrophic
Health insurance that provides protection against the high cost of treating serious or long-term illness or disability.
Medical Grievance Committee
Set up an impartial team to listen to and investigate complaints from patients about medical care or excessive charges.
Privileged Communication
The information provided by the patient to the medical staff shall not be disclosed without the consent of the provider.
Coordination Benefits
Prevent the insured from receiving repeated payments under more than one insurance policy.
Stipulations
Rules for insurance companies to provide outpatient or inpatient services.
Superbill
A combination of charge clip, statement, and insurance report form.
Ethics
Guiding principles that help the person or group to decide what’s good or bad.
Morals
Beliefs of the individual or group as to what’s right or wrong.
Fee Schedule
A list of approved professional services for which the insurance company will pay and how much it will pay.
HCPCS stand for
Health Common Procedure Coding System
HCPCS
Developed by CMS for reporting medical procedures & series.
CPT stand for
Current Procedural Terminology
CPT
The main code system used to describe the treatment services provided for this diagnosis.
