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CMA > Medical law and ethics module > Flashcards

Medical law and ethics module Flashcards

1
Q

criminal law

A
  • laws that deal with crimes and their punishments
  • addresses the rules and statutes that defines wrongdoings against the community as a whole
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2
Q

misdemeanor

A
  • an offense that is considered less serious than a felony and carries a lesser penalty
  • usually a fine or imprisonment for less than 1 year
  • reckless driving or discharging a firearm in city limits
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3
Q

felony

A
  • a crime declared by statute to be more serious than a misdemeanor and deserving of a more severe penalty
  • conviction usually required imprisonment in a penitentiary for longer than 1 year
  • can result in a death sentence
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4
Q

assault

A
  • the crime of trying or threatening to hurt someone physically
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5
Q

battery

A
  • the intentional touching or using force in a harmful manner without the person’s consent
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6
Q

plaintiff

A
  • a person who files a lawsuit initiating legal action
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7
Q

defendant

A
  • a person who is being sued or accused of a crime in a court of law
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8
Q

subpoena

A
  • a written order that commands someone to appear in court to give evidence
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9
Q

deposition

A
  • a formal statement in which the individual who is being deposed promises to tell the truth
  • statements are often used during a court proceeding, especially when the defendant or witness changed their view of what occured from the time of the deposition to the day of the hearing
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10
Q

civil law

A
  • laws that deal with the rights of people rather than with crimes
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11
Q

contract

A
  • a legal agreement between two or more parties
  • a binding agreement between two or more individuals or entities to do something
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12
Q

four elements of a valid contract

A
  • mutual assent: an agreement by all parties to contract; must prove there was an offer and acceptance
  • consideration: a benefit of some type for entering into the contract, such as financial reimbursement
  • capacity: parties must be legally able to contract (of legal age and of sound mind)
  • legality: subject matter must be legal
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13
Q

breach

A
  • infraction or violation of law, obligation, tie, or standard
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14
Q

negligence

A
  • the failure to do something that a reasonably prudent individual would do under similar circumstances
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15
Q

administrative law

A
  • the body of law in the form of decisions, rules, regulations, and order created by administrative agencies under the direction of the executive branch of the government, used to carry out the duties of such agencies
  • generally responsible for protecting the civil rights, privacy, and safety of its citizens
  • HIPAA came out of administrative law
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16
Q

litigation

A
  • a lawsuit or legal action that determines the legal rights and remedies of the person or party
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17
Q

affordable care act (ACA)

A
  • put into place to reform health care system by providing more Americans with affordable, quality health insurance to ultimately curb the growth in health care spending in the US
  • future modifications or replacement of this act will likely include prevention, wellness, and collaborative care strategies
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18
Q

occupational safety and health administration (OSHA)

A
  • states that employers are accountable for providing a safe and healthful workplace for employees by setting and enforcing standards and by providing training, outreach, education, and assistance
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19
Q

health insurance portability and accountability act (HIPAA)

A
  • gives patients rights over their health information and sets rules and limits on who can look at and receive patients’ private information
  • applies to protected health information, whether electronic, written, or oral
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20
Q

controlled substances act (CSA)

A
  • a federal policy that regulates the manufacture and distribution of controlled substances
  • controlled substances can include narcotics, depressants, and stimulants, based on the likelihood for abuse, status in international treaties, and any medical benefits the substance might provide
21
Q

title VII of civil rights

A
  • prohibits an employer with 15 or more employees from discriminating on the basis of race, national origin, gender, or religion
22
Q

equal pay act

A
  • mandates the same pay for all people who do substantially equal work regardless of sex
23
Q

americans with disabilities act (ADA)

A
  • forbids discrimination against any applicant or employee who could perform a job regardless of a disability
  • ADA requires an employer to provide accommodations that are necessary to help the employee perform a job successfully, unless the accommodations are unduly burdensome
24
Q

family medical leave act (FMLA)

A
  • a federal law that requires certain employers to give time off to employees for familial or medical reasons
25
Q

the joint commission (TJC)

A
  • accreditation with TJC helps organizations position for the future of integrated care, strengthen patient safety and quality of care, improve risk management and risk reduction, and provide a framework for organizational structure and management
26
Q

standard of care

A
  • the degree of care or competence that one is expected to exercise in a particular circumstance or role
27
Q

expert witness

A
  • a witness in a court of law who is an expert on a particular subject
28
Q

tort

A
  • a deliberate act that violates the rights of another
  • includes assault, battery, defamation of character, invasion of privacy, and administering an injection without the consent of the patient
29
Q

defamation of character

A
  • hurting someone’s reputation
30
Q

slander

A
  • verbal defamation
31
Q

libel

A
  • written defamation
32
Q

res ipsa loquitur

A
  • “it speaks for itself”
  • negligence is obvious
  • the burden of proof falls on defendants to prove they were not negligent
  • ex: finding a surgical instrument inside a patient following a procedure, a patient sustaining burns while lying on a heating blanket
33
Q

respondeat superior

A
  • a doctrine that states that employers are responsible for the actions of their employees when the actions are performed within the constraints of their position
  • came from common law “master servant rule”
34
Q

common law

A
  • the laws that developed from English court decisions and customs and that form the basis of laws in the US
35
Q

the four d’s of negligence

A
  • a duty existed
  • there was dereliction of duty
  • the misconduct of the defendant was the direct cause of the injury
  • damages (usually substantial) occurred as a result of the misconduct
36
Q

malfeasance

A
  • performance of an unlawful, wrongful act
  • ex: performing a procedure on the wrong patient
37
Q

misfeasance

A
  • performing of a lawful action in an illegal or improper manner
  • ex: performing the procedure on the correct patient, but doing so incorrectly
38
Q

nonfeasance

A
  • the failure to perform a task, duty, or undertaking that one has agreed to perform or has a legal duty to perform
  • ex: waiting to treat a patient until it is too late
39
Q

informed consent

A
  • a clear and voluntary indication of preference or choice, usually oral or written, and freely given in circumstances where the available options and their consequences have been made clear
40
Q

implied consent

A
  • a voluntary agreement with an action proposed by another
  • ex: a patient rolling up their sleeve in order to give blood
41
Q

fraudulent

A
  • relating to actions that purposely intend to deceive
42
Q

health information technology for economic and clinical health (HITECH) act

A
  • created to improve healthcare quality, safety, and efficiency for information technology and electronic health records
  • provides barriers to information exchange
  • dictates nationwide use of health information technology to encourage an effective marketplace, improved competition, and consumer choice
43
Q

agent

A
  • someone that acts or exerts power
44
Q

living will

A
  • a legal document stating what procedures the patient would want, which ones they wouldn’t want, and under what conditions they would want the provider todo organ and tissue donation, dialysis, blood transfusions, and DNR orders
45
Q

durable power of attorney for health care

A
  • a legal document naming a health care agent or proxy to make medical decisions for patients when they are not able to do so
  • agent will be able to decide as the patient would when treatment decisions need to be made
  • a durable power of attorney enables patients to be more specific about their medical treatment than a living will
46
Q

do-not-resuscitate orders

A
  • indicates to medical staff to not return the patient’s heart to a normal rhythm if it stops or is beating unevenly
47
Q

MOLST form

A
  • Medical Order for Life Sustaining Treatment
  • a medical document that specifies which treatments will be allowed during end-of-life care
  • a provider must sign off on the MOLST orders
  • these orders move with the patient if the patient changes facilities
  • form is bright pink for easy identification
48
Q

organ and tissue donation

A
  • orders allow organs or body parts from a healthy person to be transferred to people who need them
49
Q

health care proxy

A
  • the person assigned to make health care decisions for the patient if they are incapacitated
  • must be 18 yrs old

CMA (35 decks)

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