Medical Law And Ethics Flashcards
Legislative
Congress
-passes law
Executive
Administers law
Judicial
Interprets and enforces law
Criminal
Crime committed against society, individual or property
- government prosecutes the defendant
- if defendant found guilty
- results in imprisonments or fine
Civil
- tort or contract
- concern dispute or alleged wrong committed against individual or property by individual or organizations
- individual or group prosecutes
- if defendant is guilty
- result in monetary compensation
Tort
Accidental or intentional wrongful act by someone against another or property
Negligence
- Failure to perform professional duties prudently
- according to accepted standard of care
- most common tort
Nonfeasance
Form of negligence
- failure to act when duty is indicated
- result in injury of another
Misfeasance
Form of negligence
- improper performance of an act
- result in injury of another
Malfeasance
Form of negligence
- committing an improper (illegal) act
- result in injury of another
Malpractice
Form of negligence
-professional misconduct, lack of skill, wrongful practice
Res ipsa loquitur
- the thing speaks for itself
- negligence is obvious
- the event could not have occurred without negligence
Respondeat superior
- let the master answer
- the provider may not be directly responsible but is responsible for negligence of employee
Duty
First D of malpractice
-the provider and patient relationship was established
Dereliction
Second D of malpractice
-provider neglected a professional obligation to act or acted improperly
Direct cause
Third D of malpractice
-negative outcome is direct result from provider action or failure to act
Damage
Forth D of malpractice
- a negative act resulted in the patient sustaining harm
Contract
Voluntary agreement between 2 parties that create enforceable obligations and rights
Express contract
Agreement between 2 parties that details responsibility of both parties
- written or oral
- if written: both parties must sign
Implied contract
Most common between provider and patient
- not written
- provider treats within the scope of practice
Quid pro quo
Something for something
-service render for payment
Consent
Agreement between legally capable parties
- legal intent is made
- offer made and accepted
- transaction is made
Consenter
- Can be a competent adult
- emancipated minor
- minor of armed forces
- minor parent with custody
- minor seeking sexually related treatment
Informed consent
-patient right to know before agreeing to treatment, procedures and care
-disclose risk, benefits of receiving or not receiving treatment
- as well as alternative
AMA suggest obtaining beginning age 15
Uninformed consent
Patient gives permission without full understanding
Advance directive
- Document state patient wishes, in case they become incapable of making competent decisions
- signed and witnessed
Living will
Documents of patient wish not to have certain life sustaining measure taken when prognosis is immenant death
Durable power of attorney (healthcare)
Document allowing a designated person to act on behalf of patient to determine use of heroic or extraordinary measure
Do not resuscitate
Order originating from pastas a directive to the healthcare provider to withhold cardiopulmonary resuscitation if they experience cardiac or respiratory arrest
Occupational safety and health administration
Division of us department of labor
-jurisdiction over and administer federal law regulating safety in workplace
In medical field, blood borne pathogen, needle stick safety precautions
Bloodborne pathogen standards
Protocol to protect from hepatitis B/C and HIV
Effective 1991
Needle stick safety and prevention act
Promote use of safer needles
- identifies / documents device to ensure safety
- new equipment monitoring
- effective 2003
Hazard communication standards
- Site must have hazard plans for accidental exposure
- manufacturers / chemical importers must provide material safety data sheet information and container labels
Centers for Medicare and Medicaid services
Division U.S. Department of Health and Human services
-regulated agency for Clinical Laboratory Improvement Amendments
—HHS develop federal regulations 1988 set standard for quality assurance performed in labs and accuracy in United States
Office of clinical standards and quality
Responsible of implementing and monitoring lab compliance with CLIA regulations
Food and Drug Administration
Responsible of determining CLIA categories of lab test
Waived lab test
Simple, easy to perform procedure with low risk of unreliable test results
-physician office laboratory hold a certificate of waiver must adhere to good laboratory practice
—include quality control, specimen handling, performance and test results
Moderate-complexity lab test
Most performed by outside labs
-microscopic exam of urine sediment, blood and urine cultures, some blood chemistry studies
High-complexity lab test
Procedure related to cytology, histopathology, cytogenetic or histocompatibility
Internal revenue services
Regulates payroll taxes
Drug enforcement administration
Regulates provider registration and all handling of control substance in office
Abandonment
- Ceasing to care for or attend to patient, when needs care
- if physician withdraws from contract relationship while patient needs treatment