Legal and ethical concerns Flashcards
Liability
The act of taking responsibility for an action that has caused bodily harm to another person
Negligence
When a person fails to act when there was a duty to act or when a person invades another person’s interests
Nonfeasance
(acts of omission)- failure to act when there is a duty to act
Misfeasance
The performance of a lawful act in an improper manner
Malfeasance
(acts of commission)- the performance of an act that should not be performed
Standard of reasonable care
Requires that an athletic trainer according to the same standards of an individual with similar educational background or training.
What 4 things must be present for a person to be found negligent?
-A duty of care existed
-person fell short of the standard of care
-an injury or harm came to the person
-personal, property, or punitive damages resu
Tort
A wrongful act of committed by a person against another person or that person’s property and requires that person to be compensated for the damages.
Sovereign Immunity
-Neither the government nor any individual who is employed by the government can be held liable for negligence.
Good Samaritan Law
A law that protects individuals that attempt to render aid to injured persons when the aid is being given in good faith.
Statute of Limitations
Sets a specific length of time that individuals may sue for damages from negligence.
Assumption of Risk
When a person knows that an activity in which they are participating could potentially cause harm to them, and they still chose to participate in the activity and will not be compensated for any injury that they sustain.
Gross Negligence
care provider has total disregard for safety of others.
Act of God
uncontrollable, Mother Nature
Foreseeability of Risk
making sure environment and equipment is safe
Ethics
principles put in place by the NATA to maintain high standards of care and professionalism in the profession.
Morals
Principals or values that influence behavior
Product Liability
- liability of any or all parties along the chain of manufacture of any product for damage caused by that product.
General Health Insurance
- insurance policies that will cover illness, hospitilization, and emergency care.
Secondary Health Insurance
- Pay the remaining bills once personal insurance company has made its payments.
Family Health Insurance
Covers family, but may not cover all services needed by the individual
Accident Insurance
often covers accidents on school grounds while the student is in attendance or accidents that occur in the workplace.
Catastrophic Insurance
provides medical, rehabilitation, and transportation costs in excess of $10,000 not covered by other insurance benefits.
Professional Liability Insurance
Covers claims of negligence on the part of individuals.
Third-Party Reimbursement
involves reimbursement by the policyholder’s insurance company for services performed by health care professionals.
HMO
Provide preventive measures and limit where the individual can receive care.
PPO
Provide discount health care but also limit where a person can go for treatment of an illness/injury
Medicare
Federal health insurance program for the aged and disabled.
How many parts does medicare have?
4 parts
Medicaid
federal health insurance program for the aged and disabled.
Workers Compensation
laws and benefits for injured workers mandated by the states.
Capitation
form of reimbursement used by managed care provider in which members make a standard payment each month regardless of how much service is rendered to members by the provider.
Who are the only entities that receive third-party reimbursement?
Licensed health care profession
CPT Codes
Used to identify specific medical procedures used in treating a patient.
NPI
government issued identification number for individual health care profilers and provider organizations 32
