MEDICAL ETHICS AND LEGAL ASPECTS Flashcards

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1
Q

liability

A

the responsibility for conduct falling below certain standard which is casual connection to the plaintiff”s injury

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2
Q

ethics

A

the science of relating to moral action or mora value

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3
Q

ethical malpractice

A

professional misconduct considered improper or immoral bye the profession as a whole

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4
Q

ethical assumptions (that should be common to all hospital employee)

A

1 maintain proper and current level of skill
2 maintain safety of the patient
3 confidentiality is a must
4 refrain from the immoral or legal practice

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5
Q

Quid-pro-quo

A

something for something arrangement . contract between the care services

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6
Q

standard of care

A

skill and learning commonly possessed by members of the profession

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7
Q

negligence

A

failure to acts as an ordinary prudent person; conduct contrary to that of a reasonable person under a specific circumstances ( breach of duty)

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8
Q

Nonfeasance

A

failing to do your duties

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9
Q

misfeasance

A

doing your duties but doing it wrong

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10
Q

malfeasance

A

doing things beyond the scope of the practice

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11
Q

malpractice

A

Legal term for negligence by a professional.
Professional misconduct, improper discharge of
professional duties or a failure to meet the STANDARD OF CARE by a professional which results in harm to
another.

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12
Q

common acts if negligence or malpractice

A

l. Overlooked sponges, instruments, needles etc.:
2. Burns:
3. Falls:
4. Wrong medications or wrong dosage:
5. Defects in apparatus/equipment:
6. Failure to observe symptoms:
7. Abandonment:
8. Stepping beyond one’s authority:
9. Failure to communicate when necessary:
10. Infections due to negligence:

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13
Q

torts

A

A legal or civil wrong committed by one person against the person
or property of another.

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14
Q

examples of torts

A

1.Assault and Battery:
Assault = A threat to do bodily harm.
Battery = An executed assault. Committing bodily harm.
2.Improper Handling of Defenseless Patients.
3.False Imprisonment:
4.Invasion of Privacy: The patient has the right to be
“left alone” to live in seclusion without being
subjected to unwarranted or undesired publicity.
5. Defamation: (Slander and Libel.)

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15
Q

Slander

A

SPEAKING falsely about another with resulting injury
to his/her reputation. (Oral Defamation.)

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16
Q

libel

A

Defamatory words that are PRINTED, WRITTEN or PUBLISHED
which affect the character or reputation of another in that it
tends to hold him/her up to ridicule, contempt, shame,
disgrace or to degrade him/her in the estimation of the
community. (Written defamation.)

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17
Q

Discussion of

A

Discussion of: THE PATIENTS’ Bill of Rights/Patient Care Partnership.
Both are published by the American Hospital Association (AHA).
(See attached)

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18
Q

right

A

a claim to which man is entitled

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19
Q

Accountability

A

The obligation to disclose details for evaluation; commonly
used to mean “to be held responsible for.

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20
Q

Affidavit

A

voluntary statement of facts sworn to be true before an
authority.

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21
Q

Allegation

A

A statement one expects to prove true.

22
Q

Battery

A

Intentional nonconsensual touching.

23
Q

bona fide

A

In good faith or innocently

24
Q

Case law

A

all legal decisions reported on a given loyal subject

25
Q

complaint

A

first pleading filed by plaintiff’s attorney in a negligence action

26
Q

defamation

A

Injury to an individual’s reputation or character caused by false statements to a third party (inclusive of libel and slander).

27
Q

defendant

A

In criminal cases, the person accused of the crime; in civil matters, the person or organization that is being sued.

28
Q

deposition

A

a method of pretrial discovery in which questions are answered under oath

29
Q

federal law

A

Jurisdiction is given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress,
and treaties.

30
Q

guardian

A

Court-appointed protector for an individual incapable of making
his or her own decisions.

31
Q

iatrogenic injury

A

an injury resulting from the activity of health care professionals

32
Q

indictment

A

formal written accusation from a grand jury

33
Q

larceny

A

taking another’s property without consent

34
Q

law, common

A

principles that have evolved and continue to evolve on the basis of court decisions

35
Q

law, statory

A

any law prescribed by the action of a legislature

36
Q

Liability

A

Liability: An obligation to do or not do something; also, an obligation
potentially or actually incurred as a result of a negligent act.

37
Q

Liability, corporate

A

An obligation to do or not do something that falls on the corporate body.

38
Q

Liability, personal:

A

Liability, personal: An obligation to do or not do something that falls on the individual.

39
Q

Malpractice

A

Professional misconduct that results in harm to another, negligence of a professional.

40
Q

Negligence

A

Omission (not doing) or commission (doing) of an act that a reasonable and prudent individual would not do under the same conditions; may be associated with the phrase “departure from the standard of care.”

41
Q

negligence, criminal

A

Reckless disregard for the safety of another; willful indifference.

42
Q

perjury

A

Intentionally providing false testimony under oath.

43
Q

plaintiff

A

the person who indicates a lawsuit

44
Q

Precedent

A

Legal principle, created by a court decision, which provides an example or authority for judges deciding similar issues later.

45
Q

Standard of care.

A

Description of conduct that is expected of an individual or professional in a given circumstance.

46
Q

State law

A

State statutes, regulations, and principles and rules having the
force of law.

47
Q

subpoena

A

Court order to appear and testify or produce required documents.

48
Q

Tort

A

A civil wrong; may be intentional or unintentional.

49
Q

tort-feasor

A

One who commits a tort.

50
Q

Trial

A

Consists of the following steps:
1. Opening statements by both sides
2. Plaintiff’s presentation
3. Cross-examination by defendant’s attorney
4. Defendant’s presentation
5. Cross-examination by plaintiff’s attorney
6. Closing statements by both sides
7. Jury instruction by judge
8. Jury deliberation
9. Appeal (possible)
10. Execution of judgment

51
Q
A