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Certified Medical Assistant > Module 17: Medical Law and Ethics > Flashcards

Module 17: Medical Law and Ethics Flashcards

1
Q

where to find tasks that can be delegated to medical assistants in each state

A

Medical Practice Act of the state they practice

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2
Q

medical law and ethics include

A
  • law
  • ethics
  • privacy
  • rights
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3
Q

criminal law

A
  • rules and statutes that define wrongdoings against community as a whole
  • laws dealing with crimes and their punishments
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4
Q

two classifications of crimes

A
  • misdemeanors
  • felonies
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5
Q

misdemeanor

A
  • less serious than felony
  • lesser penalty: usually fine or imprisonment for less than a year
  • reckless driving, discharging firearm in city limits
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6
Q

felony

A
  • more serious than misdemeanor
  • stiffer penalty: imprisonment greater than 1 year, death sentence in extreme cases
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7
Q

assault

A
  • someone threatens or tries to cause harm to individual
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8
Q

battery

A
  • intentional touching or use of force in harmful manner
  • without others consent
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9
Q

plaintiff

A
  • individual that files a lawsuit to initiate a legal action
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10
Q

defendant

A
  • person being sued or accused of crime in court of law
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11
Q

subpoena

A
  • written order commanding someone appear in court to give evidence
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12
Q

deposition

A
  • formal statement where individual being deposed promises to tell the truth
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13
Q

civil law

A
  • applied most often in medical malpractice cases
  • governs private rights of individuals, corporations, and government bodies
  • includes cases involving contracts, family matters, property issues
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14
Q

contract

A
  • legally binding agreement between two or more individuals or entities to do something
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15
Q

elements for contract to be valid

A
  • mutual assent: agreement by all parties
  • consideration: benefit for entering contract
  • capacity: parties legally able to contract (legal age, sound mind)
  • legality: subject matter is legal
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16
Q

breach of contract

A
  • when party fails to hold up their part of a contract
  • medical consent forms include risks and unsatisfactory disclosures statements to not breach contract
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17
Q

plaintiff compensation in medical negligence case

A
  • for medical expenses, lost wages, and pain associated with negligence
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18
Q

administrative law

A
  • form of decisions, rules, regulations, and orders created by agencies under direction of executive branch
  • agencies responsible for protecting civil rights, privacy, safety of citizens
  • HIPAA
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19
Q

litigation

A
  • lawsuit that includes a defendant and a plaintiff
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20
Q

Affordable Care Act (ACA)

A
  • reform health care system by providing most Americans with affordable and quality health insurance
  • to curb growth in healthcare spending
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21
Q

Occupational Safety and Health Administration (OSHA)

A
  • employers accountable for providing safe and healthful workplace
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22
Q

Controlled Substances Act (CSA)

A
  • federal policy that regulates manufacture and distribution of controlled substances
  • classifies into 5 schedules based on likelihood of abuse, status in international treaties, medical benefits
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23
Q

Title VII of Civil Rights

A
  • prohibits employers with 15 or more employees from discriminating on race, national origin, gender, or religion
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24
Q

Equal Pay Act

A
  • mandates same pay for all people who do equal work regardless of sex
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25
Q

Americans with Disabilities Act (ADA)

A
  • forbids discrimination against applicants or employees who can perform job regardless of disability
  • requires employer to provide accommodations necessary to help employee perform successfully
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26
Q

Family Medical Leave Act (FMLA)

A
  • federal law
  • requires certain employers to give time off for familial or medical reasons
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27
Q

The Joint Commission

A
  • helps organizations position for future of integrated care, strengthen pt safety and quality of care, improve risk management and risk reduction, and provide framework for organizational structure and management
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28
Q

things in CMA scope of practice

A
  • schedule pts for procedures and treatments
  • greet pts and assist with registration
  • prepare pt for provider exams by positioning and educating
  • prepare exam rooms
  • obtain and document vitals and pt history
  • provide therapeutic communication
  • basic wound care
  • remove superficial sutures or staples
  • operate test equipment without interpretation
  • pt education
  • administer meds that are approved
  • CPR and first aid
  • venipuncture and capillary blood collection
  • simple lab tests
  • filing, bookkeeping, inventory
  • process insurance claims
  • call in prescriptions if approved by provider
29
Q

standard of care

A
  • degree of care one is expected to exercise
  • do not stray from scope of practice
30
Q

negligence

A
  • failure to do something that a reasonable person would do in similar circumstances
  • doing something such a person would not do
31
Q

expert witness

A
  • someone who has similar training and credentials as person being sued
  • used during negligence cases to establish standard of care
32
Q

tort

A
  • action that wrongly causes harm to individual but is not a crime
  • health with in civil court
  • two classifications: intentional and negligence
33
Q

intentional tort

A
  • deliberate act that violates rights of another
  • assault, battery, defamation of character, invasion of privacy, administering injection without pt consent
34
Q

slander

A
  • verbal defamation
35
Q

libel

A
  • written defamation
36
Q

two terms that are used to describe certain aspects of negligence

A
  • res ipsa loquitur
  • respondeat superior
37
Q

res ipsa loquitur

A
  • it speaks for itself
  • obvious negligence
  • finding an instrument inside pt following a surgical procedure, pt getting burns on heating blanket
38
Q

respondeat superior

A
  • doctrine states employers are responsible for actions of their employees
  • came from common law “master-servant rule”
39
Q

four D’s of negligence

A
  • duty existed
  • dereliction of duty
  • direct cause of injury from misconduct of defendant
  • damages occurred
40
Q

malfeasance

A
  • performance of unlawful wrongful act
  • can be knowingly
  • performing procedure on wrong pt
41
Q

misfeasance

A
  • performance of lawful act in illegal or improper manner
  • performing procedure on correct pt but doing it incorrectly
42
Q

nonfeasance

A
  • failure to perform task one has agreed to perform or has legal duty to perform
  • waiting to treat pt until it is too late
43
Q

informed consent

A
  • clear and voluntary indication of preference or choice
  • usually oral or written
  • freely given when options and consequences have been made clear
44
Q

implied consent

A
  • voluntary agreement with action
  • pt rolling up sleeve to give blood
  • person giving consent must be of sufficient mental capacity
45
Q

fraudulent

A
  • related to actions that purposely intended to deceive someone
46
Q

how to ensure pt privacy

A
  • never leave confidential info on fax machine
  • always use cover page
  • verify fax number
  • shred documents when necessary
  • be sure fax machine, copier, and computer are not visible to pts
47
Q

HIPAA

A
  • gives pts rights over their health info
  • requires providers to explain pt rights
  • pt signs form indicating they have received privacy notice
  • requires written consent when sharing health care info
  • does not require sharing info with pt family or friends
48
Q

HITECH Act

A
  • health information technology or economic and clinical health act
  • 2009
  • improve health care quality, safety, and efficiency for info technology and electronic health records
  • barriers to info exchange
49
Q

how long HIPAA requires documentation be retained

A
  • minimum of 6 yrs
50
Q

where to file privacy complaint

A
  • office of civil rights (OCR)
51
Q

when complaint must be filed

A
  • within 180 days of when known privacy violation occurred
52
Q

who does OCR investigate

A
  • covered entities
  • doctors, clinics, hospitals, nursing homes, government programs that pay for health care
53
Q

fines OCR can impose

A
  • 100 to 250,000 dollars
54
Q

breach of privacy for health info risk assessment

A
  • nature and extent of health info involved
  • who used health info or who disclosure was made to
  • whether info was actually acquired o viewed
  • extent to which the risk to the health info has been mitigated
55
Q

exceptions to breach

A
  • unintentional acquisition, access, or use of health info
  • unintentional disclosure of health info
  • good-faith belief that unauthorized person would not have been able to retain the info
56
Q

ethics

A
  • discipline concerned with what is morally good and bad or right and wrong
  • personal ethics and professional ethics
57
Q

hippocratic oath

A
  • supervisors take hippocratic oath
  • recited during med school graduation
  • sets framework for ethical principles of medicine
58
Q

NHA code of ethics

A
  • use best efforts for the betterment of society, the profession, and members of the profession
  • uphold standards of professionalism and be honest in professional interactions
  • continue to learn, apply, and advance knowledge
  • participate in activities contributing to the improvement of personal health, our society, and the betterment of the allied health industry
  • act in the best interest of the general public
  • protect and respect dignity and privacy of all pts
59
Q

pt rights

A
  • beliefs and values
  • contribute to medical decisions
60
Q

end-of-life planning

A
  • determining what will happen if pt is unable to speak for themself
61
Q

medical directives

A
  • set of requests pt puts in writing to carry our end-of-life medical treatment
  • what treatments pt wishes to have and identifies and agent for the pt
62
Q

health care agent/proxy

A
  • makes health care decision on pts behalf
63
Q

living will

A
  • legal document stating what procedures pt would want and wouldn’t want
  • under what conditions they want provider to do organ and tissue donation, dialysis, blood transfusions, and DNR order
64
Q

durable power of attorney for health care

A
  • legal document naming health care agent or proxy to make medical decisions for pts when they are unable
  • enables pts to be more specific about treatment than a living will
65
Q

do-not-resuscitate (DNR) order

A
  • indicates to medical staff not to return pt heart to normal rhythm if it stops or is beating unevenly
66
Q

MOLST

A
  • medical document specifies which treatments will be allowed during end-of-life care
  • signed off by provider
  • move with pt if they change facilities
  • bright pink form
67
Q

organ and tissue donation

A
  • organs or body parts from healthy person transferred to people who need them
68
Q

what to do when pt completes medical directive

A
  • copy given to family, hospital, and providers
  • reviewed often and revised if necessary
  • must be portable and available in timely manner
  • protected from theft, fire, water damage
  • several copies made
69
Q

do medical directives expire

A

no

Certified Medical Assistant (40 decks)

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