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
2
Q
medical law and ethics include
A
- law
- ethics
- privacy
- rights
3
Q
criminal law
A
- rules and statutes that define wrongdoings against community as a whole
- laws dealing with crimes and their punishments
4
Q
two classifications of crimes
A
- misdemeanors
- felonies
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
6
Q
felony
A
- more serious than misdemeanor
- stiffer penalty: imprisonment greater than 1 year, death sentence in extreme cases
7
Q
assault
A
- someone threatens or tries to cause harm to individual
8
Q
battery
A
- intentional touching or use of force in harmful manner
- without others consent
9
Q
plaintiff
A
- individual that files a lawsuit to initiate a legal action
10
Q
defendant
A
- person being sued or accused of crime in court of law
11
Q
subpoena
A
- written order commanding someone appear in court to give evidence
12
Q
deposition
A
- formal statement where individual being deposed promises to tell the truth
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
14
Q
contract
A
- legally binding agreement between two or more individuals or entities to do something
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
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
17
Q
plaintiff compensation in medical negligence case
A
- for medical expenses, lost wages, and pain associated with negligence
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
19
Q
litigation
A
- lawsuit that includes a defendant and a plaintiff
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
21
Q
Occupational Safety and Health Administration (OSHA)
A
- employers accountable for providing safe and healthful workplace
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
23
Q
Title VII of Civil Rights
A
- prohibits employers with 15 or more employees from discriminating on race, national origin, gender, or religion
24
Q
Equal Pay Act
A
- mandates same pay for all people who do equal work regardless of sex
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
26
Q
Family Medical Leave Act (FMLA)
A
- federal law
- requires certain employers to give time off for familial or medical reasons
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
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
