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Medical Assistance > Law and Ethics > Flashcards

Law and Ethics Flashcards

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USMLE® Step 1 flashcards
1
Q

Respondeat Superior

A

“let the master answer”

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2
Q

Doctrine of Respondeat Superior

A

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.

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3
Q

Subpoena

A

A legal writ (order) requiring a person to come to court, to testify in court, and/or to produce documents or evidence.

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4
Q

Res ipsa loquitur

A
  • “The thin speaks for itself”

* The principle of law that allows the use of circumstantial evidence as proof.

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5
Q

Locum Tenens

A
  • “To substitue for”

* Allows one medical professional to serve temporarily in place of another.

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6
Q

Desposition

A

A sworn testimony of witness statement taken under oath (write or speech) for the use in court.

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7
Q

Statute of Limitations

A

A law defining the maximum period the complainant or appellant can wait before filling a lawsuit.

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8
Q

Assumption of risk

A

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.

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9
Q

Arbitration Agreement

A

The patient agrees to give up the right to sue the doctor.

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10
Q

Tort

A

A wrongful act that does not involve a contract.

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11
Q

Malpractice

A

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.

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12
Q

Negligence

A

Since negligence is an accidental (e.g., business errors, miscalculations), it cannot count as an intentional tort.

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13
Q

Contributory Negligence

A

If the patient is partially injured due to the negligence of the doctor, the doctor cannot pay any compensation to the injured person.

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14
Q

Comparative Negligence

A

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.

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15
Q

Assault

A

Threaten or attempt to injure the patient.

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16
Q

Battery

A

An unlawfully touching another person w/o their consent.

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17
Q

Invasion of Privacy

A

Unsolicited or unauthorized exposure of patient information.

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18
Q

What are the 2 types of invasion of privacy.

A

1) Physical

2) Informational

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19
Q

False Imprisonment

A

The intentional unlawful confinement (imprisonment) of a person against their will.

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20
Q

AMA stand for

A

Against Medical Form

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21
Q

AMA

A

If patients choose to leave the hospital or violate medical advice, they need to sign the form.

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22
Q

Abuse

A

Care that result in physical harm, pain, or mental anguish.

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23
Q

Defamation

A

A false statements that cause ridicule or damage to a person’s reputation.

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24
Q

What are the 2 types of defamation?

A

1) Slander - spoken

2) Libel - written

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25
Q

Subpoena Duces Tecum

A

A writ ordering a person to attend a court and bring relevant documents.

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26
Q

Civil Law

A

A statute that enforces private rights & liabilities, as differentiated from criminal law.

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27
Q

Criminal Law

A

Crimes that endanger society.

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28
Q

Contract

A

A legally binding document between at least two parties that defines and governs the rights and duties of the parties to an agreement.

29
Q

Breach of Contract

A

Failure to performed according to the agreement. The contract is breached.

30
Q

Plantiff

A

The side who was injured and presents the complaint to court.

31
Q

Defendant

A

The person/group in which the claim is being raised up against.

32
Q

Abandonment

A

The withdrawal of physician from the care of a patient w/o reasonable notice of such discharge from the case by the patient.

33
Q

Living Will

A

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.

34
Q

Power of Attorney

A

A document that allows one person (principle) to give another person (agent) the right to make decisions about their treatment when they cannot.

35
Q

Patient’s Bill of Rights

A

A law that provide patients with inform. on how they can reasonable expect to the treated during the course of their hospital stay.

36
Q

Liability

A

Refers to being legally responsible for causing harm.

37
Q

Fraud

A

Intentional dishonesty for unfair or illegal gain.

38
Q

Code Blue

A

The adult patient is in cardiac arrest. Call the resuscitation team.

39
Q

Code Pink

A

Infant cardiac arrest

40
Q

DNR stand for

A

“Do Not Resuscitate”

41
Q

OSHA stand for

A

Occupational Safety and Health Administration

42
Q

FDA stand for

A

Food & Drug Administration

43
Q

ADA stand for

A

American with Disabilities Act

44
Q

CLIA stand for

A

Clinical Improvements Amendment

45
Q

DRGs stand for

A

Diagnosis Related Groups

46
Q

DRGs

A

Medical conditions grouped together for coding purposes.

47
Q

RVUs

A

A key part of how Medicare determines the reimbursement rate for all the physician services & procedures listed in the CPT codes.

48
Q

HIPAA stand for

A

Health Insurance Portability & Accountability Act

49
Q

HIPAA

A

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.

50
Q

DEA stands for

A

Drug Enforcement Agency

51
Q

IRS stands for

A

Internal Revenue Service

52
Q

IRS

A

Responsible for tax collection & law enforcement.

53
Q

HITECH Act stand for

A

Health Information Technology for Economic & Clinical Health Act.

54
Q

HITECH Act

A

Created to promote & expand the adoption of health technology (e.g., the use of EHR).

55
Q

Insurance Portability

A

It aims to provide continuous insurance protection when people change jobs or lose their jobs.

56
Q

Catastrophic

A

Health insurance that provides protection against the high cost of treating serious or long-term illness or disability.

57
Q

Medical Grievance Committee

A

Set up an impartial team to listen to and investigate complaints from patients about medical care or excessive charges.

58
Q

Privileged Communication

A

The information provided by the patient to the medical staff shall not be disclosed without the consent of the provider.

59
Q

Coordination Benefits

A

Prevent the insured from receiving repeated payments under more than one insurance policy.

60
Q

Stipulations

A

Rules for insurance companies to provide outpatient or inpatient services.

61
Q

Superbill

A

A combination of charge clip, statement, and insurance report form.

62
Q

Ethics

A

Guiding principles that help the person or group to decide what’s good or bad.

63
Q

Morals

A

Beliefs of the individual or group as to what’s right or wrong.

64
Q

Fee Schedule

A

A list of approved professional services for which the insurance company will pay and how much it will pay.

65
Q

HCPCS stand for

A

Health Common Procedure Coding System

66
Q

HCPCS

A

Developed by CMS for reporting medical procedures & series.

67
Q

CPT stand for

A

Current Procedural Terminology

68
Q

CPT

A

The main code system used to describe the treatment services provided for this diagnosis.

Medical Assistance (4 decks)

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