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Medical Terminology Basics > Legal Basics - Week 2 > Flashcards

Legal Basics - Week 2 Flashcards

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USMLE® Step 1 flashcards
1
Q

Law

A

Rule of conduct or action prescribed or formally recognized as enforceable by controlling authority

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2
Q

United States laws

A

Federal and state
US constitution is the supreme federal law

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3
Q

Balance of power

A

Legislative
Executive
Judicial

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4
Q

Types of law

A

Constitutional
(Fed and state constitutions)

Case (legal and common law)

Regulatory & administrative
(Concerns, procedures, regs & rules of federal, state & gov agencies)

Statutory (state and federal legislatures)

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5
Q

Substantive law

A

Determine rights from common law
Include criminal, civil, military and international law

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6
Q

Procedural law

A

All parties must follow when investigating and prosecuting

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7
Q

Statues

A

Define actions or omissions that threaten and harm public safety

Plaintiff ~ government

Defendant ~ person or party charged a offense

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8
Q

Misdemeanor

A

Lesser criminal offense
Substantial fine and or jail under 1 year

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9
Q

Felony

A

Serious criminal offense
Substantial fines and prison sentence over a year

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10
Q

Civil law

A

Protect & define private rights
Govern disputes to contracts, property, fam law & injury

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11
Q

Civil law branches

A

Tort
Contract
Property
Family law

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12
Q

Intentional tort

A

Intent to perform action that caused injury whether or not harm was intended

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13
Q

Common intentional torts

A

Assault
Battery
False imprisonment
Fraud
Defamation
Invasion of privacy

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14
Q

Negligent torts

A

Harm caused by negligence as result of persons carelessness

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15
Q

Negligence

A

Persons conduct falls below standard of behavior expected of reasonable person in same situation

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16
Q

Negligent tort classifications

A

Malfeasance (unlawful, wrongful)

Misfeasance ( improper performance of lawful act)

Nonfeasance ( failure to act when 1 should do so)

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17
Q

Malpractice

A

Negligence that applies to professionals

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18
Q

Medical malpractice

A

Standard of care not met

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19
Q

Defenses to liability

A

Denial - none of facts are true

Technical
- statue of limitations
- Good Samaritan laws
- release of tortfeasor
- res judicata

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20
Q

Defenses to liability
Affirmative

A

Defendant admits wrongdoing
Attorney provides facts that support conduct to reduce legal liability

Contributory negligence

Comparative negligence

Assumption of risk - informed consent

Limited or no harm

Intervening cause

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21
Q

Proving malpractice
Alternative dispute resolution (ADR)

A

Process of settling disputes outside of litigation

Arbitration - listens to both sides and makes final decision

Mediation - mediator facilitates agreement acceptable to both parties

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22
Q

Proving malpractice
Summary judgement

A

Process that can be used in civil litigation if there are no disputes

23
Q

4 Ds of negligence

A

Duty of care - healthcare prof has legal obligation to patient

Dereliction - prof breaches duty of care to patient

Damages - patient suffers legal rec injury

Direct cause - negligent act or lack of action causes patients injury

24
Q

Damages

A

Punitive
Nominal
Compensatory
General - often w compensatory
Special

25
Q

Purpose of liability insurance

A

Protect from claims of injuries or damages to ppl or property

26
Q

Insured (1st party)

A

Person or company purchasing ins policy

27
Q

Premium

A

Payment to insurance company

28
Q

Insurer (2nd party)

A

Insurance company

29
Q

Plaintiff (3rd party)

A

Can b paid directly from insurer in case of lawsuit settlement

30
Q

Liability insurance
4 types

A

Professional - errors while at work

Medical malpractice / inj, expense, property damage related to wrong practice

General or commercial - property loss & bodily injury of nonemployees

Personal injury - harm other than body injury

31
Q

Insurance policy types
4 types

A

Claims made - covers claim thru year

Occurrence - claims for wrong acts

Nose - covers provider btwn end of prior & next policy

Tail - covers provider btwn end of current til start of next

32
Q

Contracts
5 types

A

Offer - made by 1

Acceptance - 2nd party agrees

Consideration - each party exchange something valuable

Legal - consideration must be legal

Competency and capacity - legal capacity for liability

33
Q

Contacts
3 types

A

Implied - agreed thru act and behavior

Expressed - stated in writing, oral or both

Statute of fraud - must be in writing
-property related
- pay another’s debt
- last longer than 1 year
- over certain $ amount

34
Q

Provider - patient relationship

A

Legally binding - 1st apt
Provider - duty to see diagnose & treat
Patient - follow inst & pay for care
Terminate contact - Pat can do anytime & provider must follow steps

35
Q

Patient abandonment

A

Form of medical malpractice
Provider ends without reasonable notice
(Not following up, providing coverage while unavailable , discharge without proper inst)
Document communication
Respondeat superior

36
Q

Breach of contract

A

Contract not fulfilled by one party w/o legal reasons - can lead to lawsuit

Ex- improper termination / abandon
Business contacts
Payment contracts w patients

37
Q

Consent

A

Implied - inferred
Expressed - written or spoken word
Informed - gives consent in writing

38
Q

Need informed consent for ;

A

Surgery
Complex procedures & tests
High risk meds and vaccines
Research studies participants
Cancer treatments
Some labs

Education must be provided to patient by provider

39
Q

Doctrine of informed consent

A

Patient or guardian;
Understands and makes decision
Accepts or refuses
Understands diagnosis and treatment
Knows risks
Knows alternative treatments
Knows risks of delaying or refusing
Signs consent

40
Q

Informed consent and MA

A

MA prepares form

Serves as witness to pat signature
Ask if dr discussed treatment, has any ?s and let dr know if they do

MA shouldn’t let pat sign if they don’t understand, can’t legally give consent and has ?s

41
Q

Affordable care acts patient bill of rights

A

Rights related to health insurance

42
Q

American hospital association

A

Patients bill of rights for its members

43
Q

Many facility’s have created own ;

A

Patients rights and responsibility’s

Respect patient, notify provider, document (pat decision regarding treatment)

44
Q

Medical practice act

A

Laws that govern practice of med in each state & have responsibilities of state medical board

45
Q

State medical board

A

Licenses to practice medicine
Investigate complaints
Disciple who violate law
Create policies

46
Q

Other healthcare professionals

A

Have own practice acts and state boards

47
Q

Licensure

A

Allows state boards to ensure healthcare professionals meet education and training requirements
(Licensing exam, fees, continued education)

48
Q

Obtaining license in other states

A

Exam
Endorsement
Reciprocity

49
Q

Interstate medical licensure compact 2015

A

Pathway for drs to get licensed in multiple states

50
Q

Scope of practice

A

Defines what ppl are permitted to do in specific job
For drs - similar across states
For MA - varries by state, typical duties

51
Q

Accrediting organizations

A

The joint commission
(Facilities and hospitals)

National committee for quality assurance (NCQA) - health plans

College of American pathologists (CAP)
Medical labs

52
Q

Accredited for MAs

A

Commission on accreditation of allied health programs (CAAHEP)
Specific health programs

Accrediting bureau of health education schools (ABHES)
Schools and specific allied health programs

53
Q

Avoid lawsuits

A

Follow-up
Consent b4 child vaccine
Document calls, procedures, treatments
Don’t identify as any other professional
Don’t give advice

Medical Terminology Basics (7 decks)

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