study guide vocab

Question 1

Accreditation

Answer 1

A voluntary process in which an agency is requested to officially review healthcare institutions, such as hospitals, nursing homes, and educational institutions, to determine compliance

Question 2

Administrative law

Answer 2

A branch of law that covers regulations set by government agencies

Question 3

Assumption of risk

Answer 3

A legal defense that prevents a plaintiff from recovering damages if the plaintiff voluntarily accepts a risk associated with the activity

Question 4

Beneficence

Answer 4

principle of promoting good or well-being

Question 5

Bioethics

Answer 5

Refers to the ethical implications of biomedical technology and its practices

Question 6

Cardiologist

Answer 6

a medical specialist who diagnoses, treats and prevents diseases of the heart and blood vessels.

Question 7

Caveat emptor

Answer 7

is a principle that, while not directly applicable to medical care, suggests that patients should be aware of their own responsibility in seeking and understanding medical information and making informed decisions about their treatment.

Question 8

Certification

Answer 8

Documentation usually from a professional organization than an individual has met certain requirements and standards set forth by that organization

Question 9

Common law

Answer 9

refers to a body of legal principles developed through judicial decisions rather than legislative acts, forming an unwritten law based on legal precedents.

Question 10

Comparative negligence

Answer 10

A defense, similar to contributory negligence, that the plaintiff’s own negligence helped cause the injury; not a complete bar to recovery of damages but only damages based on the amount of the plaintiff’s fault

Question 11

Confidentiality

Answer 11

refers to the ethical and legal obligation of health care providers to protect the privacy of patient information.

Question 12

Consent

Answer 12

Permission by a client to allow touching, examination, or treatment by medically authorized personnel

Question 13

Constitutional law

Answer 13

refers to the rights and protections guaranteed by the U.S. Constitituion, particularly those related to healthcare, privacy and biology autonomy which can influence medical decisions and regulations.

Question 14

Contributory negligence

Answer 14

Conduct on the part of the plaintiff that is a contributing cause of injuries; a complete bar to recovery of damages

Question 15

Defendant

Answer 15

The person or group accused in a court action

Question 16

Deposition

Answer 16

A written record of oral testimony made before a public officer and/or both attorneys. It is for use in either a criminal or a civil case and is completed outside of court before the trial begins

Question 17

Doctrine of informed consent

Answer 17

a legal principle that requires healthcare providers to inform patients about the risks, benefits and alternatives to a proposed medical procedure or treatment.

Question 18

Emergency

Answer 18

a medical conidition manifesting itself by acute symptoms of sufficient severity.

Question 19

Ethics

Answer 19

A set of moral standards or a code for behavior to govern an individual’s interactions with other individuals and within society

Question 20

Felony

Answer 20

A serious crime, such as murder, larceny, assault, or rape. The punishment is usually severe

Question 21

Fidelity

Answer 21

Loyalty and faithfulness to others

Question 22

Fraud

Answer 22

The deliberate concealment of the fact from another person for unlawful or unfair gain

Question 23

Health maintenance organization

Answer 23

A type of managed care plan offering health-care services from participating physicians and providers to an enrolled group of persons for a predetermined fee per member

Question 24

Health savings account

Answer 24

a tax exempt trust or custodial account you set up with a qualified HSA trustee to pay or reimburse certain medical expenses you incur

Question 25

implied contracts

Answer 25

arises from the actions and circumstances of a patient and healthcare provider, rather than explicit words, creating a legally binding agreement for services and payment.

Question 26

informed contracts

Answer 26

informed consent" means a patient's agreement to a medical procedure or treatment after understanding all relevant information, including risks, benefits, and alternatives, ensuring they make a voluntary and informed decision.

Question 27

jurisdiction

Answer 27

The limits or territory which authority may be exercised

Question 28

Law

Answer 28

Societal rules or regulations that are prudent or obligatory to observe

Question 29

Liable

Answer 29

Legal responsibility for one's own actions

Question 30

Licensure

Answer 30

Legal permission, granted by state statutes, to perform specific acts; for instance, a physician is licensed to practice medicine

Question 31

Litigious

Answer 31

prone to go to a lawsuit

Question 32

Malfeasance

Answer 32

Commission of an unlawful act

Question 33

Managed care

Answer 33

A type of health-care plan; generally one of two types, namely HMO or preferred provider organization (PPO)

Question 34

Misfeasance

Answer 34

Improper performance of an act resulting in injury to another

Question 35

Moral values

Answer 35

principles that guide human behavior distinguishing between right and wrong. based off family, society and beliefs.

Question 36

Negligence

Answer 36

Doing some act that a reasonable and prudent provider would not do or failing to do some act that a reasonable and prudent provider would do

Question 37

Nonfeasance

Answer 37

Failure to perform an act when there is a duty to do so

Question 38

Nonmaleficence

Answer 38

emphasizes the duty to do no harm or to avoid causing harm to others

Question 39

Open access plan

Answer 39

"Subscribers may see any in network provider without a referral."

Question 40

Plaintiff

Answer 40

The person or group initiating the action in litigation

Question 41

Precedent

Answer 41

A ruling of an earlier case that is then applied to subsequent cases

Question 42

Primary care physician

Answer 42

"A primary care physician determines services for the patients within a network."

Question 43

Prosecution

Answer 43

the instituation and conducting of legal proceedings afainst someone in respect of a criminal charge

Question 44

Protocol

Answer 44

standardized, established procedure or guideline designed to ensure ethical and legal compliance in healthcare practices, encompassing areas like patient care, research, and confidentiality

Question 45

reciprocity

Answer 45

the process by which a professional license obtained in one state may be accepted as valid in other states by prior agreement without reexamination

Question 46

Release of tortfeasor

Answer 46

prohibits lawsuit against the person who caused an injury (the tortfeasor) if released from further liability in the settlement of a suit

Question 47

Res Ipas loquitur

Answer 47

A Latin phrase meaning "the thing speaks for itself;" a doctrine of negligence law

Question 48

Res judicata

Answer 48

Latin phrase meaning "the thing has been decided"

Question 49

Respondeat superior

Answer 49

A Latin phrase meaning "let the master answer"; that is, the provider is responsible for employee acts

Question 50

Statues of limitations

Answer 50

for medical malpractice claims is two years from the date of the injury, or the date the alleged negligence occurred, not the date of discovery

Question 51

Statutory law

Answer 51

refers to written laws enacted by legislatures, like the Nurse Practice Act or the Health Insurance Portability and Accountability Act (HIPAA), which are crucial for safeguarding patient rights and ensuring ethical healthcare practices.

Question 52

subpoena duces tecum

Answer 52

A court order requiring a witness to appear and bring certain records or tangible items to a trial or deposition

Question 53

subpoena

Answer 53

An order to appear in court under penalty for failure to do so

Question 54

summary judgement

Answer 54

Judge's ruling to end a lawsuit without a trial based on a matter of law presented in pleadings

Question 55

tort

Answer 55

Wrongful act committed by one person against another person or against property; distinguished from a breach of contract

Question 56

tortfeasor

Answer 56

a person who commits a tort.