Unit 2 - Lesson 1: Law in Allied Health Flashcards

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1
Q

Three levels of government

A

Federal, state, local

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2
Q

Set of rules that govern our behavior

A

Law

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3
Q

Prohibits and punishes certain conduct for the benefit of society

A

Criminal law

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4
Q

An offense against a locale, state, or the United States

A

Crime

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5
Q

Concerns the private rights and duties of individuals who live within a society

A

Civil law

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6
Q

An individual power, privilege, or immunity

A

Right

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6
Q

An individual obligation

A

Duty

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7
Q

A system of law developed on a case by case basis from court decisions

A

Common law

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8
Q

Legislation passed by governing bodies on federal and state levels

A

Statutes

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9
Q

Legislation adopted by local legislative bodies

A

Ordinances

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10
Q

Refers to a professional organization or institution representing that a certified person has passed a test, completed a course of study, or demonstrated knowledge or skill in some other way

A

Certification

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11
Q

Failing to meet a standard of reasonable care

A

Negligence

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12
Q

The responsibility of a physician to hire qualified personnel and supervise the personnel accordingly

A

Due care

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13
Q

When one person is held responsible for the actions of another

A

Vicarious liability

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14
Q

The process of resolving disputes through the court system

A

Litigation

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15
Q

A process for resolving disputes outside of the court system that may be used before or after litigation has begun

A

Alternative dispute resolution (ADR)

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16
Q

To begin a legal process involving a court

A

Litigate

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17
Q

The person who is suing

A

Plaintiff

18
Q

The person who is being sued

A

Defendant

19
Q

The taking of oral testimony under oath before trial

A

Deposition

20
Q

A trial in which the jury is the fact finder; the judge explains the law to the jury and supervise the presentation of evidence

A

Jury trial

21
Q

A trial in which there’s no jury; the judge serves as the factfinder, weighs the evidence, and decides how the law applies to it

A

Bench trial

22
Q

What the plaintiffs are obligated to prove

A

Burden of proof

23
Q

false swearing under oath

A

Perjury

24
Q

the question is whether an error of law was made at the trial court level

A

Appeal

25
Q

Two parties present evidence to an impartial person who makes a binding decision

A

Arbitration

26
Q

Occurs when a neutral third person helps the parties in a dispute reach a settlement agreement

A

Mediation

27
Q

Consists of medical responses that are motivated by a desire to avoid potential liability claims more than by the needs of the patient

A

Defensive medicine

28
Q

Professional negligence

A

Malpractice

29
Q

People who have skill, experience, training, or education in a specialized field that ordinary people don’t have

A

Expert witness

30
Q

Failure to diagnose, failure to inform of diagnosis, errors in treatment, lack of informed consent; are all examples of..

A

Types of malpractice

31
Q

Refers to a patient’s acceptance of treatment after the doctor properly informs the patient about the treatment

A

Informed consent

32
Q

The harmful touching of a patient without consent

A

Battery

33
Q

A document that states the patient’s wishes regarding being allowed to die a natural death if the patient is in a permanent vegetative state or a terminal condition and lacks the ability to make medical decisions

A

Living will

34
Q

The legal responsibility that a manufacturer or distributor of an unreasonably dangerous product has for damages caused by the dangerous condition

A

Product liability

35
Q

When a patient contributes to causing himself or herself harm

A

Contributory negligence

36
Q

The time periods during which a lawsuit must be brought

A

Statutes of limitations

37
Q

Any crime that is punishable by imprisonment of one year or more

A

Felony

38
Q

Any crime that is punishable by imprisonment for less than one year

A

Misdemeanor

39
Q

Latin for “guilty act”, or the criminal act

A

Actus Reus

40
Q

Latin for “guilty mind”, referring to the state of mind associated with the criminal act

A

Men’s Rea

41
Q

Crimes against a person, crimes against property, crimes against habitation, sexual crimes, crimes against morality and decency, crimes against government operations; these are all examples of..

A

Categories of common crimes

42
Q

Punishes those who knowingly engage in false billing; defines “knowingly” to include not only actual knowledge that the billing is false, but also deliberate ignorance of or reckless disregard for the truth or falsity of the information in the billing

A

False claims act

43
Q

Created important rules regarding safeguarding health information

A

Health insurance portability and accountability act(HIPAA) of 1996