Medical Law & Ethics Flashcards
What are Ethics
A set of principals relating to what is morally right or wrong.
Civil Law
Legal relationships between people and the protection of a persons rights
Criminal Law
Wrongs against a person, property or society
Misdemeanor
Fine or 1 year of less of imprisonment
Plaintiff
Individual that files a lawsuit
Defendant
Person being sued
Sapina
Written order that commands someone to appear in court
Deposition
A formal statement in which the individual who is being deposed promises to tell the truth
Mutual Agreement
Agreement by all parties to contract
Consideration
A benefit of some type for entering into the contract, such as financial
Capacity
Parties must be legally able to contract
Legality
Subject matter must be legal
Breech of Contract
When a party fails to hold up their part of the contract, they can be sued
Administrative Law
Body of law in the form of decisions, rules, regulations, and orders created by administrative agencies under the direction of the executive branch of government
Tort law
Civil wrongs or wrongful acts that do not involve a contract
Intentional tort
Deliberate act that violates the rights of another
Malpractice
The failure of a professional to use the degree ok skill and learning commonly expected in that individuals profession that resulted in injury, loss or damage to person receiving the care
Negligence
Failure to give care that is normally expected of a person in a particular situation, resulting in injury to another person
Assault
The threat or attempt to injure
Battery
The unlawful touching of another person without consent
Contracts
Legally binding agreement between 2 or more individuals
Litigation
A lawsuit or legal action that determines legal rights
Affordable care act
Provides more Americans with affordable quality insurance
Occupational Safety and Health Administration
States that employers are accountable for providing a safe environment
Health Insurance Portability and Accountability Act
Gives patients rights over health information and sets rules and limitations
Controlled Substance Act
Manufactures and distributes controlled substances
Title VII of Civil Rights
Prohibits an employer with or more employees from discrimination
Equal Pay Act
Same pay for all people who do equal work despite gender, race, and religion
Americans with Disabilities Act
Forbids discrimination against any employee who is disabled, but can still perform their duty
Family Medical Leave Act
Requires certain employers to give time off for medical reasons
The Joint Commission
Helps organization position for the future of integrated care
Defamation
Hurting someones reputation
Slander
Verbal defamation
Libel
Written defamation
Malfeasance
Performance of an unlawful, wrongful act
Misfeasance
Performance of a lawful action in an illegal manner
Nonfeasance
Failure to perform a task agreed to perform
HIPAA
Gives patients rights over their health information. They have rights to get a copy and to know who has access
HITECH Act
Improve health care quality, safety, and efficiency for information technology and electronic health records
Living will
Legal document stating procedures patient would want
Durable power of attorney for health care
Legal document naming a health care agent
DNR
Orders indicate to the medical staff
MOLST
Medical document specifying treatments allowed
Organ and tissue donation
Allow organs or body parts from a health person to be transferred to someone in need
Proxy
A person assigned to make health care decisions for the patients if they are unable to speak for themselves
Implied
Obligations understood, without verbal expression
Expressed
Stated in a clear and distinct manner, either orally or written
EMR
A single practice’s digital version of the pt’s chart.
EHR
More inclusive snapshot of the pt’s medical Hx
Office of Civil Rights
Anyone can file a privacy complaint
PHI
Protected Health Information
