Legal and Ethical Issues Flashcards
What is law?
rule of conduct or action
- legally binding
- enforced by a controlling authority
What are ethics?
standard of behavior
- right or wrong that go beyond legal considerations
What is criminal law?
addresses rules and statutes that define wrongdoings
What is a misdemeanor?
less serious than a felony
- carries lesser penalty
- usually a fine or imprisonment less than one year
What is a felony?
more serious than misdemeanor
- imprisonment greater than one year
What is assault?
threatening to cause harm
What is battery?
intentional touching or the use of force in a harmful manner
Who is the defendant?
person being sued
What is subpoena?
written order to appear in court
What is a deposition?
formal statement promising to tell the truth
What are torts?
applied in medical malpractice
- governs private rights of individuals, corporations, government
- involves contracts
What is a contract?
legally binding agreement between two or more individuals
What is breach of contract?
when a party fails to uphold their part of a contract
What is negligence?
failure to do what is reasonable in a particular circumstance
What makes a contract valid?
- mutual assent: agreement by all parties to contract (offer and acceptance)
- consideration: benefit of some type, financial reimbursement
- capacity: parties must be legally able to contract
- legality: subject of the contract must be legal
What is defamation?
damaging a person’s reputation by making false and malicious public statements
What is slander?
speaking damaging words intended to negatively influence another against an individual
What is libel?
publishing in print damaging words, pictures, signed statements
What is false imprisonment?
intentional, unlawful restraint or confinement of a person
What is fraud?
deceitful practices in depriving or attempting to deprive another of rights
What is invasion of privacy?
interference with a person’s right to be left alone
What is negligence?
when a healthcare practitioner fails to exercise ordinary care and the patient is injured
What is medical negligence?
malpractice
What is res ipsa loquitur?
speaks for itself
What does the respondeat superior doctrine state?
- employers are responsible for the actions of their employees
- only when employee actions are performed under the constraints of their position
What is standard of care?
expectation of care that providers are expected to follow while performing professional duties
What are the 4 D’s of negligence?
- duty existed
- dereliction: failure to fulfill one’s obligations
- direct cause: misconduct of the defendant
- damages as a result of misconduct
Where did HIPAA come from?
administrative law
What is administrative law for?
protects civil rights, privacy, safety of citizens
What is ACA?
affordable care act
- affordable, quality healthcare for more persons
What is OSHA?
occupational safety and health administration
- mandates the same pay for equal duties
What is ADA?
Americans with disabilities act
- forbids discrimination on who can perform a duty regardless of disability
What is FMLA?
federal family leave act
- requires certain employers to give time off for family medical reasons
What is CSA?
controlled substances act
- regulates manufacture and distribution of controlled substances, narcotics, depressants, stimulants
What is Title VII of Civil Rights?
prohibits an employer from discriminating on the basis of race, national origin, gender, or religion
What is HIPAA?
Health Insurance Portability and Accountability Act
- gives patients rights over their healthcare information and privacy
What is the equal pay act?
mandates same pay for equal duties
What are patient rights?
- picking a PCP
- terminate services
- patient care partnership
What are patient responsibilities?
- follow instructions and cooperate
- provide honest information
- follow physician’s orders (compliance)
- pay fees
What is durable power of attorney?
names a healthcare agent to make medical decisions if patient is not able to do so
What is uniform donor card?
makes a gift of one or more organs upon death
Who issues code of ethics?
NHA
