Medical Law And Ethics Flashcards

1
Q

Good Samaritan laws

A

Laws that protect a healthcare professional from liability when giving emergency care or first aide to an accident victim

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2
Q

Felony

A

Carries a punishment of imprisonment in a state or federal prison or death

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3
Q

Civil law

A

Concerns relationships between individuals or between individuals and the government

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4
Q

Criminal law

A

Made to protect the public as a whole from the harmful acts of others

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5
Q

Medical records

A

Patients can find out who had access to their private health information whether the doctors office agrees to let them know or not

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6
Q

The Statue of Limitations

A

Refers to the period of time during which a patient has to file a lawsuit

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7
Q

Res ispa loquitur

A
  • Means “it speaks for itself”

- tells us that the breach of duty is so obvious that it does not need further explanation

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8
Q

Medical assistants

A
  • An MA should always identify themselves as a medical assistant in the office
  • Must undergo a HIPPA training during his or her orientation
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9
Q

MA’s responsibility with office management

A
  • 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
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10
Q

For D’s in order to prove negligence

A
  • direct cause
  • damages
  • duty
  • dereliction or neglect of duty
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11
Q

General liability

A

Employers carry coverage to cover acts of their employees during the course of their duties

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12
Q

Uniform anatomical gift act

A

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

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13
Q

Abandonment

A

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

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14
Q

Negligence

A
  • 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
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15
Q

Informed consent

A
  • Will inform you when risks are commonly known

- Indicates he or she understands the limits and risks involved in a treatment or surgical procedure

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16
Q

The doctrine of informed consent

A
  • explanation of advantages and risks of treatment
  • alternatives available to the patient
  • potential outcomes to the treatment
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17
Q

The termination of contracts

A

Generally occurs when the treatment has ended and fees have been paid

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18
Q

Guardian as litem

A

An adult appointed by the court who will act in the court on behalf of the child

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19
Q

Patient Bill of Rights

A
  • 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
20
Q

Controlled drugs

A

Must be kept in a locked cabinet

21
Q

Reasonable person standard

A

The healthcare professional must exercise the type of care that a reasonable person would use in a similar circumstance

22
Q

Respondeat superior

A
  • means “let the master answer” (the doctor)

- The position is liable for the negligent actions of anyone working for him or her

23
Q

Contract

A

A voluntary agreement that two parties entered into with the intent of mutual benefit for both parties

24
Q

Duty

A

Refers to the physician client relationship

25
Q

Consent for treatment

A

In most states minors are unable to give consent for treatment

26
Q

The truth in lending act

A
  • 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
27
Q

Damages

A

Refers to any injuries that were received by the patient

28
Q

Emancipated minor

A

Has the same legal capacity as an adult

29
Q

Certificate

A

It is a public duty of a physician to sign a certificate indicating the cause of a natural death

30
Q

Tort

A

Is a wrongful act that is committed against another person or property that results in harm

31
Q

Testimony

A

You should never memorize the testimony for a court case ahead of time

32
Q

Negligence and malpractice

A
  • They are considered the same thing.

- It is easier to prevent negligence then defend it

33
Q

HIPPA

A
  • 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
34
Q

The Living will

A

One copy should be kept with the patient’s record

35
Q

The practice of medicine

A
  • 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
36
Q

Treatment

A

Physicians have the right to select the patients they want to treat

37
Q

Emancipated minor is actually have the same legal capacity as adults unless:

A
  1. They live on their own
  2. They are married
  3. They are self supporting
  4. In the Armed Forces
38
Q

Information that should be documented

A
  1. Calls
  2. Visits
  3. Treatments
  4. No-shows
  5. Appointment cancellations
  6. Medications
  7. Prescription refills
  8. Vital signs
  9. Important information in the patient’s chart
39
Q

The difference between the DEA and the FDA

A
  • 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
40
Q

Types of incidences in medical office should document with a certified letter

A
  1. Failure to pay for services
  2. Missed appointments
  3. Failure to follow instructions
41
Q

Why should the document be certified mail?

A

So the doctor gets his money

42
Q

Three reportable injuries:

A
  1. Gun or knife wound
  2. Rape
  3. Battered person’s injuries
  4. Spousal abuse
  5. Child or elder abuse
43
Q

False imprisonment

A

A violation of the personal liberty of another person through unlawful restraint

44
Q

Professional liability

A

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

45
Q

3 AMA principles of medical ethics:

A
  1. Human dignity
  2. Honesty
  3. Responsibility to society
  4. Confidentiality
46
Q

Medical ethics

A

Refers to the moral conduct of people in medical professions