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Medical Assistant Exam Review > Medical Law And Ethics > Flashcards

Medical Law And Ethics Flashcards

1
Q

Legislative

A

Congress

-passes law

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2
Q

Executive

A

Administers law

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3
Q

Judicial

A

Interprets and enforces law

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4
Q

Criminal

A

Crime committed against society, individual or property

  • government prosecutes the defendant
  • if defendant found guilty
  • results in imprisonments or fine
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5
Q

Civil

A
  • 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
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6
Q

Tort

A

Accidental or intentional wrongful act by someone against another or property

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7
Q

Negligence

A
  • Failure to perform professional duties prudently
  • according to accepted standard of care
  • most common tort
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8
Q

Nonfeasance

A

Form of negligence

  • failure to act when duty is indicated
  • result in injury of another
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9
Q

Misfeasance

A

Form of negligence

  • improper performance of an act
  • result in injury of another
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10
Q

Malfeasance

A

Form of negligence

  • committing an improper (illegal) act
  • result in injury of another
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11
Q

Malpractice

A

Form of negligence

-professional misconduct, lack of skill, wrongful practice

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12
Q

Res ipsa loquitur

A
  • the thing speaks for itself
  • negligence is obvious
  • the event could not have occurred without negligence
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13
Q

Respondeat superior

A
  • let the master answer

- the provider may not be directly responsible but is responsible for negligence of employee

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14
Q

Duty

A

First D of malpractice

-the provider and patient relationship was established

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15
Q

Dereliction

A

Second D of malpractice

-provider neglected a professional obligation to act or acted improperly

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16
Q

Direct cause

A

Third D of malpractice

-negative outcome is direct result from provider action or failure to act

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17
Q

Damage

A

Forth D of malpractice

- a negative act resulted in the patient sustaining harm

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18
Q

Contract

A

Voluntary agreement between 2 parties that create enforceable obligations and rights

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19
Q

Express contract

A

Agreement between 2 parties that details responsibility of both parties

  • written or oral
  • if written: both parties must sign
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20
Q

Implied contract

A

Most common between provider and patient

  • not written
  • provider treats within the scope of practice
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21
Q

Quid pro quo

A

Something for something

-service render for payment

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22
Q

Consent

A

Agreement between legally capable parties

  • legal intent is made
  • offer made and accepted
  • transaction is made
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23
Q

Consenter

A
  • Can be a competent adult
  • emancipated minor
  • minor of armed forces
  • minor parent with custody
  • minor seeking sexually related treatment
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24
Q

Informed consent

A

-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

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25
Q

Uninformed consent

A

Patient gives permission without full understanding

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26
Q

Advance directive

A
  • Document state patient wishes, in case they become incapable of making competent decisions
  • signed and witnessed
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27
Q

Living will

A

Documents of patient wish not to have certain life sustaining measure taken when prognosis is immenant death

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28
Q

Durable power of attorney (healthcare)

A

Document allowing a designated person to act on behalf of patient to determine use of heroic or extraordinary measure

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29
Q

Do not resuscitate

A

Order originating from pastas a directive to the healthcare provider to withhold cardiopulmonary resuscitation if they experience cardiac or respiratory arrest

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30
Q

Occupational safety and health administration

A

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

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31
Q

Bloodborne pathogen standards

A

Protocol to protect from hepatitis B/C and HIV

Effective 1991

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32
Q

Needle stick safety and prevention act

A

Promote use of safer needles

  • identifies / documents device to ensure safety
  • new equipment monitoring
  • effective 2003
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33
Q

Hazard communication standards

A
  • Site must have hazard plans for accidental exposure

- manufacturers / chemical importers must provide material safety data sheet information and container labels

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34
Q

Centers for Medicare and Medicaid services

A

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

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35
Q

Office of clinical standards and quality

A

Responsible of implementing and monitoring lab compliance with CLIA regulations

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36
Q

Food and Drug Administration

A

Responsible of determining CLIA categories of lab test

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37
Q

Waived lab test

A

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

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38
Q

Moderate-complexity lab test

A

Most performed by outside labs

-microscopic exam of urine sediment, blood and urine cultures, some blood chemistry studies

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39
Q

High-complexity lab test

A

Procedure related to cytology, histopathology, cytogenetic or histocompatibility

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40
Q

Internal revenue services

A

Regulates payroll taxes

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41
Q

Drug enforcement administration

A

Regulates provider registration and all handling of control substance in office

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42
Q

Abandonment

A
  • Ceasing to care for or attend to patient, when needs care

- if physician withdraws from contract relationship while patient needs treatment

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43
Q

Accreditation

A

Formal recognition that facility meets predetermined standards

  • for policy, practice, performance and procedures
  • outside agency grants after on-site evaluation and survey, self study survey by facility
44
Q

Affidavit

A

Verbal or written voluntary statement sworn to be true under oath

45
Q

Appellant

A

Party appealing decision of lower court to jurisdiction to of higher court

46
Q

Arbitration

A

Dispute between parties, settled by judgement of uninvolved third party, mutually selected by disputing party

47
Q

Assalt

A

Threat made with capability of doing physical harm

48
Q

Battery

A

Non consensual touching of person, without legally justifiable reason
Considered harmful / offensive
Intentional tort

49
Q

Common law

A

Traditional law based on earlier case

  • decision made by judges (court)
  • take into account case specific information
50
Q

Confidentiality

A

Expectation of when entrusting an individual with private information

  • it will remain private between 2 involved parties
  • information gain as result of patient-physician relationship
51
Q

Defamation

A

False, malicious communication to third party, to damage person reputation
- libel, slander

52
Q

Defendant

A

Party against whom action being brought

53
Q

Emancipated minor

A

Person less than 18 years is responsible for their own debt

54
Q

Guardian

A

Individual assigned by courts to protect and make decisions on behalf of individual not capable of making competent decision

55
Q

In loco parentis

A

Status of person assigned by court system represent parents in legal right, responsibilities and duties toward child

56
Q

Liability

A

Refers to damage results from negligent act which someone is directly responsible

57
Q

Libel

A

Deliberately defamatory written communcation

58
Q

Medical record

A

Document containing administrative and clinical information of patient seen within medical practice
-hard copy or digital

59
Q

Moral

A

Concerned with ideas about Right and wrong

60
Q

Plaintiff

A

Party bringing the suit or claim to court

61
Q

Protected health information

A

Patient identifiable health information may be transmitted or maintained by electronic or other media

62
Q

Privacy rule

A

Protect PHI transferred, held or transited by covered entity

63
Q

Public law

A

Law regulating public at large

Rights and responsibilities of government to citizens and vice versa

64
Q

Res judicata

A

Principal meaning once a case is resolved on merits, cannot be tried again on basis of same evidence

65
Q

Slander

A

Defamatory verbal communication

66
Q

Standard of care

A

Care given by sound and rational person in same situation

Measure against which defendant conduct is compared

67
Q

Stare decisis

A

Let the decision stand

Adherence to precedents made in cases have already been decided

68
Q

Statue of limitations

A

Time limit starting legal action after wrongful act, injury, breech of contract occurs

  • varies state by state
  • date contracted cease to exist
  • date of wrongful act
  • date of physician terminated treatment
  • date injury discovered
  • date of discovery of injury should have been made
69
Q

Subpoena duces tectum

A

Commands individual to appear in court with patient medical record or other pertinent documents

70
Q

Liscensed

A

Are granted by individual states on meeting requirements practice legally within scope of practice
-must pass the licensing exam and pay a fee

71
Q

Licensed medical practitioners

A
  • medical doctors
  • doctor of osteopathy
  • registered nurse
  • license practical nurse
  • licensed vocational nurse
72
Q

Reciprocity

A

License to practice granted when one state recognizes and accepts another states licensing prodedure

73
Q

License revocation or suspension

A
  • convicted of crime
  • guilty or unprofessional conduct
  • incapable professionally or personally
74
Q

Certified

A

Granted by professional organizations on meeting its requirements

  • must pass credential exam
  • pay certification fee
75
Q

Credentialed professions

A
  • CMA: by AAMA
  • RMA: AMT
  • NCMA: NCCT
  • CMAS: AMT
  • NCMOA: NCCT
  • medical laboratory technician:
  • medical technologist
  • certified medical transcriptionist
  • certified coding associates
  • certified coding specialist
76
Q

Licensed / certified

A

Some states regulations require a license, certification or both

  • nurse practitioner
  • physicians assistant
77
Q

Registration

A
  • individual registered with field professional organization
  • to remain registered, the credentialed individual must earn continuing education unit, pay a fee to accrediting agency each year
78
Q

Solo practice

A

One medical practitioner owns practice

-makes all decisions, retain all profits, cost and liabilities

79
Q

Partnership

A

Two medical practitioner owns practice through written agreement
-share cost, liabilities, profits, decision making

80
Q

Group practice

A

3 or more practitioner share cost, profits, decision

81
Q

Professional service corporation

A

Organization comprises various professionals

-benefits include profit sharing and pensions, individual liability , state law regulation

82
Q

Americans with disabilities act

A

Prohibit discrimination (15 more employees) in employment practices, hiring, fringe benefits, leaves and termination

83
Q

Child abuse prevention and treatment act

A

State mandates all professionally trained personnel working with children to report suspected child abuse or neglect

84
Q

Civil rights act

A

Governs all form of discrimination among employees, supervisor and employers

85
Q

CLIA

A

Quality and complexity level regulations for hospital, private, and physician office lab

86
Q

Controlled substance act

A

Controls prescribing, dispensing, and administration of narcotic, stimulant, and other dangerous drug can be abused
-managed by DEA

87
Q

Employee retirement income security act

A

Protect and regulates employee pension

88
Q

Equal credit opportunity act

A

Ensures all patient offer extended credit

-denial must be based on inability to pay rationale

89
Q

Equal employment opportunity act

A

Prohibit inquiry on job applications of race, color, sex, religion, national origin, medical records, arrest records and past substance abuse

90
Q

Fair credit billing act

A

Establish time limit in billing complaints

  • 60 days to complain
  • medical facility 90 days to respond
91
Q

Fair debt collection practice act

A
  • Regulates debt collection process

- eliminates unfair practice

92
Q

Fair labor standards act

A

Regulates employees wages, pay records, overtime pay and child labor

93
Q

Family and medical leave act

A

Allow leave without position loss up to 12 weeks in sites and employs more than 50 people

  • birth, adoption,ill family member, own illness
  • applies if employed for 1 year
94
Q

Wage garnishment law

A

Require an employer to withhold earnings of individual for court order payment of debt
-law sets dollar limit can be attached to person wage or property

95
Q

Freedom of information act

A

Law allowing full or partial disclosure of previous unreleased information
-document controlled by US government
—defines agency records subject to disclosure
—outlines mandatory disclosures
—grant 9 exemption to statue

96
Q

Good Samaritan law

A

Protect individual stopping to give aid in emergency situations outside of employment
-protect care provider from civil lawsuit

97
Q

Health insurance portability and accountability act

A

Provide national guidelines for health care privacy protection
-employee must be trained in HIPAA law in policies and procedures

98
Q

Title I: health care protability

A

Protects insurance coverage for employees changing jobs, have same plan and coverage, limits use of exclusion for preexisting condition

99
Q

Title II: administrative simplification

A

Address fraud and abuse prevention, medical liability reform, privacy of health information

100
Q

Medical practice act

A

States statue governs the practice of medicine

101
Q

Occupational safety and health act

A

Regulates employee safety from known hazards causing death or injury

102
Q

Patients bill of rights

A

American hospital association statement guaranteeing patient certain rights

103
Q

Patient self determination act

A

Requires written information regarding rights, medical decision making and execution of advance directives

104
Q

Truth in lending act

A

Regulation Z

  • signed agreement for full debt payment in more than 4 payments
  • stipulates applied or non applied finance charge
105
Q

Uniform anatomical gift act

A

Living individual do sound mind, more than 18 years old, may donate all or part of body after death

  • physicians who determine time of death, cannot remove or transplant, or use body parts for research
  • physicians cannot be sued for accepting body parts, if done in good faith and proper documentation
106
Q

Medical ethics

A

Moral conduct of people in medical profession

  • everyone has code of ethics
  • contribute to well being of community
  • responsibility to society, medical professional must remain current in knowledge and skills

Medical Assistant Exam Review (10 decks)

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