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Laws, Ethics, and Confidentiality in Allied Health > Law in Allied Health > Flashcards

Law in Allied Health Flashcards

1
Q

Law

A

The set of rules that govern our behavior

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2
Q

Criminal Law

A

Prohibits and punishes certain conduct for the benefit of society

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3
Q

Crime

A

An offense against a local, a state, or the United States

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4
Q

Civil Law

A

Concerns the private rights and duties of individuals who live within a society

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5
Q

Right

A

An individual privilege, or immunity

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6
Q

Duty

A

An individual obligation

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7
Q

Three levels of government

A

Federal, State, Local

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8
Q

Common-Law

A

A system of law developed on a case-by-case basis from court decisions

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9
Q

Statues

A

Legislation passed by governing bodies on federal and state levels

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10
Q

Ordinances

A

Legislation adopted by local legislative bodies

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11
Q

Certification

A

Refers to a professional organization or institution representing that a certified person has passed a test, completed a course of study, or demonstrated knowledge or skill in some other way

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12
Q

Negligence

A

Failing to meet a standard of reasonable care

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13
Q

Due Care

A

The responsibility of a physician to hire qualified personnel and supervise the personnel accordingly

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14
Q

Vicarious Liability

A

When one person is held responsible for the actions of another

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15
Q

Litigation

A

The process of resolving disputes through the court system

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16
Q

Alternative Dispute Resolution (ADR)

A

A process for resolving disputes outside of the court system that may be used before or after litigation has begun

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17
Q

Litigate

A

To begin a legal process involving a court

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18
Q

Plaintiff

A

The person who is suing

19
Q

Defendant

A

The person who is being sued

20
Q

Deposition

A

The taking of oral testimony under oath before trial

21
Q

Jury Trial

A

A trial in which the jury is the fact-finder; the judge explains the law to the jury and supervises the presentation of evidence

22
Q

Bench Trial

A

A trial in which there’s no jury, the judge serves as the fact finder, weighs the evidence, and decides how the law applies to it

23
Q

Burden of Proof

A

What the plaintiffs are obligated to prove

24
Q

Perjury

A

False swearing under oath

25
Q

Appeal

A

During an appeal, the question is whether an error of law was made at the trial court level

26
Q

Arbitration

A

Two parties present to an impartial person who makes a binding decision

27
Q

Mediation

A

Occurs when a neutral third person helps the parties in a dispute reach a settlement agreement

28
Q

Defensive Medicine

A

Consists of medical responses that are motivated by a desire to avoid potential liability claims, more than by the needs of the patient

29
Q

Malpractice

A

Professional negligence

30
Q

Expert Witnesses

A

People who have skill, experience, training, or education in a specialized field that ordinary people don’t have

31
Q

Types of malpractice

A

Failure to diagnose. Failure to inform of diagnosis. Errors in treatment. Lack of informed consent

32
Q

Informed Consent

A

Refers to a patients acceptance of treatment after the doctor properly informs the patient about the treatment

33
Q

Battery

A

The harmful touching of a patient without consent

34
Q

Living Will

A

A document that states the patients wishes regarding being allowed to die a natural death if the patient is in a permanent vegetative state or a terminal condition and lacks the ability to make medical decisions

35
Q

Product Liability

A

The legal responsibility that a manufacturer or distributor of an unreasonably dangerous product has for damages caused by the dangerous condition

36
Q

Contributory Negligence

A

When a patient contributes to causing himself or herself harm

37
Q

Statues of Limitations

A

The time periods during which a lawsuit must be brought

38
Q

Felony

A

Any crime that’s punishable by imprisonment of one year or more

39
Q

Misdemeanor

A

Any crime that’s punishable by imprisonment for less than one year

40
Q

Actus Reus

A

Latin for “guilty act” or the criminal act

41
Q

Mens Rea

A

Latin for “guilty mind” referring to the state of mind associated with the criminal act

42
Q

Categories of Common Crimes

A

Crimes against a person, Crimes against property, Crimes against habitation, Sexual crimes, Crimes against morality and decency, Crimes against government operations.

43
Q

False Claims Act

A

Punishes those who knowingly engage in false billing defines knowingly to include not only actual knowledge that the billing is false, but also deliberate ignorance of or recklessness disregard for the truth or falsity of the information in the billing

44
Q

Health Insurance Portability and Accountability Act (HIPPA) of 1996

A

Created important rules regarding safeguarding health information

Laws, Ethics, and Confidentiality in Allied Health (3 decks)

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