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
Appeal
During an appeal, the question is whether an error of law was made at the trial court level
26
Arbitration
Two parties present to an impartial person who makes a binding decision
27
Mediation
Occurs when a neutral third person helps the parties in a dispute reach a settlement agreement
28
Defensive Medicine
Consists of medical responses that are motivated by a desire to avoid potential liability claims, more than by the needs of the patient
29
Malpractice
Professional negligence
30
Expert Witnesses
People who have skill, experience, training, or education in a specialized field that ordinary people don't have
31
Types of malpractice
Failure to diagnose. Failure to inform of diagnosis. Errors in treatment. Lack of informed consent
32
Informed Consent
Refers to a patients acceptance of treatment after the doctor properly informs the patient about the treatment
33
Battery
The harmful touching of a patient without consent
34
Living Will
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
Product Liability
The legal responsibility that a manufacturer or distributor of an unreasonably dangerous product has for damages caused by the dangerous condition
36
Contributory Negligence
When a patient contributes to causing himself or herself harm
37
Statues of Limitations
The time periods during which a lawsuit must be brought
38
Felony
Any crime that's punishable by imprisonment of one year or more
39
Misdemeanor
Any crime that's punishable by imprisonment for less than one year
40
Actus Reus
Latin for "guilty act" or the criminal act
41
Mens Rea
Latin for "guilty mind" referring to the state of mind associated with the criminal act
42
Categories of Common Crimes
Crimes against a person, Crimes against property, Crimes against habitation, Sexual crimes, Crimes against morality and decency, Crimes against government operations.
43
False Claims Act
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
Health Insurance Portability and Accountability Act (HIPPA) of 1996
Created important rules regarding safeguarding health information