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
Americans with Disabilities Act (ADA)
- 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
Family Medical Leave Act (FMLA)
- federal law
- requires certain employers to give time off for familial or medical reasons
27
The Joint Commission
- 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
things in CMA scope of practice
- 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
standard of care
- degree of care one is expected to exercise
- do not stray from scope of practice
30
negligence
- failure to do something that a reasonable person would do in similar circumstances
- doing something such a person would not do
31
expert witness
- someone who has similar training and credentials as person being sued
- used during negligence cases to establish standard of care
32
tort
- action that wrongly causes harm to individual but is not a crime
- health with in civil court
- two classifications: intentional and negligence
33
intentional tort
- deliberate act that violates rights of another
- assault, battery, defamation of character, invasion of privacy, administering injection without pt consent
34
slander
- verbal defamation
35
libel
- written defamation
36
two terms that are used to describe certain aspects of negligence
- res ipsa loquitur
- respondeat superior
37
res ipsa loquitur
- it speaks for itself
- obvious negligence
- finding an instrument inside pt following a surgical procedure, pt getting burns on heating blanket
38
respondeat superior
- doctrine states employers are responsible for actions of their employees
- came from common law "master-servant rule"
39
four D's of negligence
- duty existed
- dereliction of duty
- direct cause of injury from misconduct of defendant
- damages occurred
40
malfeasance
- performance of unlawful wrongful act
- can be knowingly
- performing procedure on wrong pt
41
misfeasance
- performance of lawful act in illegal or improper manner
- performing procedure on correct pt but doing it incorrectly
42
nonfeasance
- 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
informed consent
- clear and voluntary indication of preference or choice
- usually oral or written
- freely given when options and consequences have been made clear
44
implied consent
- voluntary agreement with action
- pt rolling up sleeve to give blood
- person giving consent must be of sufficient mental capacity
45
fraudulent
- related to actions that purposely intended to deceive someone
46
how to ensure pt privacy
- 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
HIPAA
- 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
HITECH Act
- 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
how long HIPAA requires documentation be retained
- minimum of 6 yrs
50
where to file privacy complaint
- office of civil rights (OCR)
51
when complaint must be filed
- within 180 days of when known privacy violation occurred
52
who does OCR investigate
- covered entities
- doctors, clinics, hospitals, nursing homes, government programs that pay for health care
53
fines OCR can impose
- 100 to 250,000 dollars
54
breach of privacy for health info risk assessment
- 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
exceptions to breach
- 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
ethics
- discipline concerned with what is morally good and bad or right and wrong
- personal ethics and professional ethics
57
hippocratic oath
- supervisors take hippocratic oath
- recited during med school graduation
- sets framework for ethical principles of medicine
58
NHA code of ethics
- 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
pt rights
- beliefs and values
- contribute to medical decisions
60
end-of-life planning
- determining what will happen if pt is unable to speak for themself
61
medical directives
- 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
health care agent/proxy
- makes health care decision on pts behalf
63
living will
- 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
durable power of attorney for health care
- 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
do-not-resuscitate (DNR) order
- indicates to medical staff not to return pt heart to normal rhythm if it stops or is beating unevenly
66
MOLST
- 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
organ and tissue donation
- organs or body parts from healthy person transferred to people who need them
68
what to do when pt completes medical directive
- 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
do medical directives expire
no
