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Medical Assisting > Legal and Ethical Issues > Flashcards

Legal and Ethical Issues Flashcards

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USMLE® Step 1 flashcards
1
Q

What is law?

A

rule of conduct or action
- legally binding
- enforced by a controlling authority

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2
Q

What are ethics?

A

standard of behavior
- right or wrong that go beyond legal considerations

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3
Q

What is criminal law?

A

addresses rules and statutes that define wrongdoings

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4
Q

What is a misdemeanor?

A

less serious than a felony
- carries lesser penalty
- usually a fine or imprisonment less than one year

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5
Q

What is a felony?

A

more serious than misdemeanor
- imprisonment greater than one year

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6
Q

What is assault?

A

threatening to cause harm

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7
Q

What is battery?

A

intentional touching or the use of force in a harmful manner

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8
Q

Who is the defendant?

A

person being sued

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9
Q

What is subpoena?

A

written order to appear in court

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10
Q

What is a deposition?

A

formal statement promising to tell the truth

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11
Q

What are torts?

A

applied in medical malpractice
- governs private rights of individuals, corporations, government
- involves contracts

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12
Q

What is a contract?

A

legally binding agreement between two or more individuals

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13
Q

What is breach of contract?

A

when a party fails to uphold their part of a contract

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14
Q

What is negligence?

A

failure to do what is reasonable in a particular circumstance

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15
Q

What makes a contract valid?

A
  • 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
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16
Q

What is defamation?

A

damaging a person’s reputation by making false and malicious public statements

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17
Q

What is slander?

A

speaking damaging words intended to negatively influence another against an individual

18
Q

What is libel?

A

publishing in print damaging words, pictures, signed statements

19
Q

What is false imprisonment?

A

intentional, unlawful restraint or confinement of a person

20
Q

What is fraud?

A

deceitful practices in depriving or attempting to deprive another of rights

21
Q

What is invasion of privacy?

A

interference with a person’s right to be left alone

22
Q

What is negligence?

A

when a healthcare practitioner fails to exercise ordinary care and the patient is injured

23
Q

What is medical negligence?

A

malpractice

24
Q

What is res ipsa loquitur?

A

speaks for itself

25
Q

What does the respondeat superior doctrine state?

A
  • employers are responsible for the actions of their employees
  • only when employee actions are performed under the constraints of their position
26
Q

What is standard of care?

A

expectation of care that providers are expected to follow while performing professional duties

27
Q

What are the 4 D’s of negligence?

A
  • duty existed
  • dereliction: failure to fulfill one’s obligations
  • direct cause: misconduct of the defendant
  • damages as a result of misconduct
28
Q

Where did HIPAA come from?

A

administrative law

29
Q

What is administrative law for?

A

protects civil rights, privacy, safety of citizens

30
Q

What is ACA?

A

affordable care act
- affordable, quality healthcare for more persons

31
Q

What is OSHA?

A

occupational safety and health administration
- mandates the same pay for equal duties

32
Q

What is ADA?

A

Americans with disabilities act
- forbids discrimination on who can perform a duty regardless of disability

33
Q

What is FMLA?

A

federal family leave act
- requires certain employers to give time off for family medical reasons

34
Q

What is CSA?

A

controlled substances act
- regulates manufacture and distribution of controlled substances, narcotics, depressants, stimulants

35
Q

What is Title VII of Civil Rights?

A

prohibits an employer from discriminating on the basis of race, national origin, gender, or religion

36
Q

What is HIPAA?

A

Health Insurance Portability and Accountability Act
- gives patients rights over their healthcare information and privacy

37
Q

What is the equal pay act?

A

mandates same pay for equal duties

38
Q

What are patient rights?

A
  • picking a PCP
  • terminate services
  • patient care partnership
39
Q

What are patient responsibilities?

A
  • follow instructions and cooperate
  • provide honest information
  • follow physician’s orders (compliance)
  • pay fees
40
Q

What is durable power of attorney?

A

names a healthcare agent to make medical decisions if patient is not able to do so

41
Q

What is uniform donor card?

A

makes a gift of one or more organs upon death

42
Q

Who issues code of ethics?

A

NHA

Medical Assisting (38 decks)

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