Medical Law And Ethics Flashcards
Good Samaritan laws
Laws that protect a healthcare professional from liability when giving emergency care or first aide to an accident victim
Felony
Carries a punishment of imprisonment in a state or federal prison or death
Civil law
Concerns relationships between individuals or between individuals and the government
Criminal law
Made to protect the public as a whole from the harmful acts of others
Medical records
Patients can find out who had access to their private health information whether the doctors office agrees to let them know or not
The Statue of Limitations
Refers to the period of time during which a patient has to file a lawsuit
Res ispa loquitur
- Means “it speaks for itself”
- tells us that the breach of duty is so obvious that it does not need further explanation
Medical assistants
- An MA should always identify themselves as a medical assistant in the office
- Must undergo a HIPPA training during his or her orientation
MA’s responsibility with office management
- Log and return telephone calls promptly
- relay any dissatisfied patients comments to the physician
- never make promises of what the physician can do for the patient
For D’s in order to prove negligence
- direct cause
- damages
- duty
- dereliction or neglect of duty
General liability
Employers carry coverage to cover acts of their employees during the course of their duties
Uniform anatomical gift act
This allows a person 18 or older and of sound mind to make a gift of any or all parts of their body for purpose of organ transplants and medical research
Abandonment
The physician may be charged with abandonment of the patient if he or she does not give a formal notice of withdrawal from the case
Negligence
- physicians are not expected to expose their patients to undue risk
- if a physician violates the standard of care he or she is liable for negligence
Informed consent
- Will inform you when risks are commonly known
- Indicates he or she understands the limits and risks involved in a treatment or surgical procedure
The doctrine of informed consent
- explanation of advantages and risks of treatment
- alternatives available to the patient
- potential outcomes to the treatment
The termination of contracts
Generally occurs when the treatment has ended and fees have been paid
Guardian as litem
An adult appointed by the court who will act in the court on behalf of the child
Patient Bill of Rights
- The patient has the right to be informed of hospital policies and practices that relate to patient care treatment and responsibilities
- The patient has the right to considerate and respectful care
- The patient has a right to every consideration of privacy
Controlled drugs
Must be kept in a locked cabinet
Reasonable person standard
The healthcare professional must exercise the type of care that a reasonable person would use in a similar circumstance
Respondeat superior
- means “let the master answer” (the doctor)
- The position is liable for the negligent actions of anyone working for him or her
Contract
A voluntary agreement that two parties entered into with the intent of mutual benefit for both parties
Duty
Refers to the physician client relationship
Consent for treatment
In most states minors are unable to give consent for treatment
The truth in lending act
- formed in 1969
- also known as regulation Z of the consumer protection act
- requires a full written disclosure concerning the payment of any fee that will be collected in more than 4 installments
Damages
Refers to any injuries that were received by the patient
Emancipated minor
Has the same legal capacity as an adult
Certificate
It is a public duty of a physician to sign a certificate indicating the cause of a natural death
Tort
Is a wrongful act that is committed against another person or property that results in harm
Testimony
You should never memorize the testimony for a court case ahead of time
Negligence and malpractice
- They are considered the same thing.
- It is easier to prevent negligence then defend it
HIPPA
- Faxes and emails that contain private info are still covered by HIPPA even though they’re sent electronically
- It is a violation of HIPPA to tell a friend specific details of the patient’s condition
- Covered entities as defined by HIPPA include health plans, healthcare clearing-houses, and providers who conduct certain health care transactions
The Living will
One copy should be kept with the patient’s record
The practice of medicine
- Defined as diagnosing and prescribing, treatment, or medication
- MA must make sure that he or she always assist the position and does not try to treat or diagnose a patient’s condition
Treatment
Physicians have the right to select the patients they want to treat
Emancipated minor is actually have the same legal capacity as adults unless:
- They live on their own
- They are married
- They are self supporting
- In the Armed Forces
Information that should be documented
- Calls
- Visits
- Treatments
- No-shows
- Appointment cancellations
- Medications
- Prescription refills
- Vital signs
- Important information in the patient’s chart
The difference between the DEA and the FDA
- The FDA is an agency that has jurisdiction over testing and approving products to be legally purchased manufactured and consumed
- The DEA regulates the sale and use of drugs
Types of incidences in medical office should document with a certified letter
- Failure to pay for services
- Missed appointments
- Failure to follow instructions
Why should the document be certified mail?
So the doctor gets his money
Three reportable injuries:
- Gun or knife wound
- Rape
- Battered person’s injuries
- Spousal abuse
- Child or elder abuse
False imprisonment
A violation of the personal liberty of another person through unlawful restraint
Professional liability
A determination by the federal, state, and local laws governing the patient, physician relationship and relate to the standard care and legal contract and informed consent
3 AMA principles of medical ethics:
- Human dignity
- Honesty
- Responsibility to society
- Confidentiality
Medical ethics
Refers to the moral conduct of people in medical professions
