Unit 3 Chapter 7 Flashcards
administer
to give a medication
administrative law
establishes agencies that are given the power to make laws and enact regulations
agent
person representing another
alternative dispute resolution (ADR)
an alternative to trial that encourages the parties to settle their differences out of court
arbitration
a form of dispute resolution that allows a neutral party to settle the dispute
civil law
law related to actions between individuals
common law
refers to laws developed in England and France and brought to the United States by the early settlers; sometimes referred to as judge-made law
constitutional law
consists of laws that are made by constitutions of the United states or individual states
contract law
law that refers to agreements between individuals and entities that are binding
criminal law
law related to wrongs committed against the welfare and safety of society as a whole
defendant
person who defends action brought in litigation
deposition
oral testimony given by an individual with a court reporter and attorneys for both sides present; often used as part of the discovery process
discovery
the time in which both parties are allowed access to all information and evidence related to a case; follows the subpoena process
dispense
prepare and give out a medication to be taken at a later time
emancipated minor
persons under age 18 years who are financially responsible for themselves and free of parental care
expert witness
individual with highly specialized knowledge and skills in particular area who testifies to a standard of care
expressed contract
written or verbal contract that specifically describes what each party in the contract will do
felony
a serious crime such as murder, larceny (thefts of large sums of money), assault, and rape
Health Insurance Portability and Accountability Act (HIPPA)
government rules, regulations, and procedures resulting from legislation designed to protect confidentiality of patient information
implied consent
consent assumed by the health care provider, typically in an emergency that threatens the patient’s life (ex. when a patient willingly rolls up the sleeve to receive an injection
implied contract
contract indicated by actions rather than words
incompetence
legally, a person who is insane, inadequate, or not an adult
informed consent
consent given by the patient who is made aware of any procedure to be performed, its risks, expected outcomes, and alternatives
interrogatory
a written set of questions that must be answered under oath, within a specific time period; part of the discovery process
intimate partner violence (IPV)
refers to violence or abuse between a spouse or former spouse; boyfriend; girlfriend or former boyfriend/girlfriend; and same-sex or heterosexual intimate partner or former same-sex or heterosexual intimate partner
libel
false and malicious writing about another constituting a defamation of character
litigation
court action
malfeasance
conduct that is illegal or contrary to an official’s obligations
malpractice
professional negligence
mature minor
a person, usually younger than 18 years, who is able to understand and appreciate the consequences of treatment despite their young age
mediation
dispute resolution that allows a facilitator to help the two parties settle their differences and come to an acceptable solution
medically indigent
refers to those individuals unable to pay for their own medical coverage
minor
person who has not reached the age of majority; usually 18 years
misdemeanor
lesser crime; misdemeanors vary from state to state in their definition. Punishment is usually probation or a time of public service and a fine
misfeasance
a civil law term referring to a lawful act that is improperly or unlawfully executed
negligence
failure to exercise a certain standard of care
noncompliant
failure to follow a required command or instruction
nonfeasance
a civil law term referring to the failure to perform an act, official duty, or legal requirement
Patient Self-Determination Act (PSDA)
the Act that includes the Advance Directive giving patients the right to be involved in their health care decisions
plaintiff
person bringing charges in litigation
precedents
refers to rulings made at an earlier time and include decisions made in a court, interpretations of a constitution, and statutory law decisions
prescribe
to order or recommend the use of a drug, diet, or other form of therapy
risk management
techniques adhered to in the ambulatory care setting that keep the practice, its environment, and its procedures as safe for the patient as possible. Proper risk management also reduces the possibility of negligence that leads to torts and malpractice suits
slander
false and malicious words about another constituting a defamation of character
statutory law
refers to the body of laws established by states
subpoena
written command designating a person to appear in court under penalty for failure to appear
tort
wrongful act that results in injury to one person by another
tort law
laws that stem form torts, or wrongful acts that cause harm to one person, by another
