Unit 2 - Lesson 1: Law in Allied Health Flashcards
Three levels of government
Federal, state, local
Set of rules that govern our behavior
Law
Prohibits and punishes certain conduct for the benefit of society
Criminal law
An offense against a locale, state, or the United States
Crime
Concerns the private rights and duties of individuals who live within a society
Civil law
An individual power, privilege, or immunity
Right
An individual obligation
Duty
A system of law developed on a case by case basis from court decisions
Common law
Legislation passed by governing bodies on federal and state levels
Statutes
Legislation adopted by local legislative bodies
Ordinances
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
Certification
Failing to meet a standard of reasonable care
Negligence
The responsibility of a physician to hire qualified personnel and supervise the personnel accordingly
Due care
When one person is held responsible for the actions of another
Vicarious liability
The process of resolving disputes through the court system
Litigation
A process for resolving disputes outside of the court system that may be used before or after litigation has begun
Alternative dispute resolution (ADR)
To begin a legal process involving a court
Litigate
The person who is suing
Plaintiff
The person who is being sued
Defendant
The taking of oral testimony under oath before trial
Deposition
A trial in which the jury is the fact finder; the judge explains the law to the jury and supervise the presentation of evidence
Jury trial
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
Bench trial
What the plaintiffs are obligated to prove
Burden of proof
false swearing under oath
Perjury
the question is whether an error of law was made at the trial court level
Appeal
Two parties present evidence to an impartial person who makes a binding decision
Arbitration
Occurs when a neutral third person helps the parties in a dispute reach a settlement agreement
Mediation
Consists of medical responses that are motivated by a desire to avoid potential liability claims more than by the needs of the patient
Defensive medicine
Professional negligence
Malpractice
People who have skill, experience, training, or education in a specialized field that ordinary people don’t have
Expert witness
Failure to diagnose, failure to inform of diagnosis, errors in treatment, lack of informed consent; are all examples of..
Types of malpractice
Refers to a patient’s acceptance of treatment after the doctor properly informs the patient about the treatment
Informed consent
The harmful touching of a patient without consent
Battery
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
Living will
The legal responsibility that a manufacturer or distributor of an unreasonably dangerous product has for damages caused by the dangerous condition
Product liability
When a patient contributes to causing himself or herself harm
Contributory negligence
The time periods during which a lawsuit must be brought
Statutes of limitations
Any crime that is punishable by imprisonment of one year or more
Felony
Any crime that is punishable by imprisonment for less than one year
Misdemeanor
Latin for “guilty act”, or the criminal act
Actus Reus
Latin for “guilty mind”, referring to the state of mind associated with the criminal act
Men’s Rea
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..
Categories of common crimes
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
False claims act
Created important rules regarding safeguarding health information
Health insurance portability and accountability act(HIPAA) of 1996
