Legal and Ethical Issues

Chapter 3

Acceptance

agreeing verbally or in a written contract

Advance directives

a living will: A document written in advance and regards the patients end-of-life care.

Affordable Care Act (ACA)

Help people get more people get health insurance, make healthcare cheaper, and improve quality of care. ALso known as Obamacare.

Agent

one that has the power or authority to act for another.

American with Disabilities Act Amendments Act (ADAAA)

law that makes it easier for people with disabilities to be protected at work,school, and in public states. Added more details to the ADA.

Arbitration

a way to solve a disagreement without going to court. A neutral person listens to both sides and makes a decision.

Autonomy

The ability to make your own choices and to have independence.

beneficence

the doing of good, and the act of caring

beyond a reasonable doubt

the level of certainty needed to convict someone. No more reason to think someone is innocent.

Capacity

having the mental competency to make health care decisions. Decision maker must understand the risks

Common Law

a system of law based on court decisions and past legal cases, rather than written laws or statutes.

Compensatory Damages

damages recovered in payment for the actual injury or economic loss.

conflict of interest

a doctor’s personal interest, liek financial gain could affect their meical judgement.F For example, referring a patient to a care center because you have ownership or an investmentjust togain money.

consent

permission given for something/

Consideration

is the benefit or value that each party agrees to give or receive as part of a contract.

defendant

the party sued in a civil law suit or the part charged with a wrime in a criminal prsecution.

deposition

a sworn statement taken from a witness outside of court, usually the testimony is used in the trial.

distributive justice

when the health care community decidesto allocate resources that are in scacre suppply.

durable power of attorney

an instruction fromt he patient to have a representative to make their health care decisions, if unable to make yourself.

Elder Abuse

the mistreatment or harm of an older adult, usually over 60 years old. could be physical, emotional, psychological, financial, sexual abuse, or neglect, or abandonment.

emancipated minor

a minor who is not under the care of their parents, so makes their own health care decisions.

ethics

ruled based on what is morally right or wrong.

exploitation

known as financial abuse, it basically the unauthorizaed or improper use of resources of an elder for monetary or personal benefit.

express consent

when the patient directly communicates their consent to the physician. Could be through signing papers or oral or verbal communication.

extrinsic

originating from outside one’s self; motivation coming from factors outside of an individual.

federal law

legislation enacted by Congress and signed by the President.

felony

crime sufficiently serious to be punishable by death or a tern in state or federal prison.

Genetic Information Nondiscrimination Act (GINA)

act that prohibits discrimination in group health plan coverage based on genetic information.

Good Samaritan Act

this act protects people who help others in emergencies from being sued

gaurdian

someone who is legally responsible for a minor

gross negligence

carelessness to the point of reckless disregard for the safety or lives of others. more than simple mistake but less than intentionally evil

Health Insurance Portability and Accountability Act (HIPAA)

an act that congress passed that ffords certain protections to persons covered by health care plans.

HIPPA Privacy Rule

provides federal protections for personal health information help by covered entities

HIPPA Security Rule

protects individuals electronic personal health information that is created, Recieved, used , or maintained by a covered entitiy

implied consent

permission is assumed in an emergency when the patient can’t speak of respond, like if they’re unconscious.

incompetence

like insanity, is a legaal status, not a medical condition.

informed consent

agreement to do something or allow something to happen only after all the relevant facts are known

intrinsic

belonging to one’s self inheritently; motivation coming from within an individual.

jurisdiction

legal power or authority a person of court has to make decisions and enforce laws in a certain area.

legislating

making or passing laws. done by a government

liability

being legally responsible for something, like an accident or mistake

Libel

when someone writes false information about a person that harms their reputation.

living will

a document, written in advance, that states the patient’s wishes regarding whether they want life support or not

Locum Tenens

Latin phrase meaning “to hold the place of , to substitute”. In the healthcare field it is a physician who subs for another.

Mature Minor

the Mature Minor Rule lets the provider to ask questions to the young person to determine the maturity of the patient to see if they can make their own consent for treatment.

Mediation

a dispute resolution where the parties to a lawsuit meet with a netural third party, in effort to settle. not meant to be binding on the parties.

Medical Malpractice

an act of a physician or hospital that does not meet the standard of profession competence

misdemeanor

a lesser crime than a felony, punishable by a fine and/or county jail for up to a year.

morals

pretaining to distinction of “right” and “wrong”

neglect

the failure or refusal of a caregiver or other responsible person to provide for an elder’s basic physical, emotional, or social needs, or failure to protect from harm

negligence

guilty of neglect; lacking in due care or concern; act of carelessness.

non-maleficence

the obligation of a physician not to harm the patient.

offer

a proposal to enter into an agreement with another; essential part of a enforceable contact.