Comprehensive Midterm Study Guide: Medical Law, Ethics, and Bioethics

Vocabulary practice flashcards based on the midterm study guide covering medical law, core ethical foundations, the legal system, professional liability, and public duties.

Ethics

A formal branch of philosophy concerning moral principles and judgments; it is the systematic study of what constitutes right and wrong behavior.

Morality

The quality of adherence to standards of right or good conduct, typically reflecting an individual's or society's beliefs regarding virtuous behavior.

Bioethics

Also referred to as biomedical ethics, this field applies ethical principles specifically to the realms of healthcare delivery, biological research, and biotechnology.

Applied Ethics

The practical application of moral standards and ethical theories to guide human behavior and decision-making in specific professional contexts, such as medicine.

Rights-Based Ethics

An ethical framework emphasizing the individual’s rights as the primary moral consideration.

Utilitarianism

An ethical theory asserting that the most moral action is the one that results in the "greatest good for the greatest number."

Justice

The principle requiring that all individuals be treated with impartiality and fairness, particularly regarding the equitable distribution of healthcare benefits and burdens.

Autonomy

The patient’s legal and ethical right to self-determination, allowing them to make independent decisions regarding their medical care without coercion.

Beneficence

The affirmative duty of the healthcare provider to act in the best interest of the patient—to "do good."

Informed Consent

A legal process where a physician provides all material facts regarding a treatment—including risks, benefits, and alternatives—enabling the patient to provide voluntary permission.

Cost/Benefit Analysis

An evaluative process used to determine if the clinical or ethical benefits of a particular intervention outweigh the associated risks or financial costs.

Unethical Acts

Any conduct that violates the established moral standards or professional codes of ethics governing the medical community.

Private/Civil Law

The body of law governing relationships between private individuals or between individuals and the government that are not criminal in nature.

Tort Law

A primary division of civil law involving a civil wrong (other than a breach of contract) for which the court provides a remedy in the form of damages.

Contract Law

The legal domain pertaining to voluntary agreements between two or more parties that create legally binding obligations.

Expressed Contract

An agreement where the terms and conditions are explicitly stated, either in writing or through oral communication.

Implied Contract

An agreement inferred from the conduct and actions of the parties rather than from written or spoken words (e.g., a patient extending their arm for an injection).

Elements of a Contract

The requirements for a contract to be legally enforceable: an offer, acceptance, consideration (something of value), and a legal object/purpose.

Competency of Parties

The legal requirement that all participants in a contract be of sound mind and have reached the legal age of majority to enter into a binding agreement.

Assault

An intentional act that creates a reasonable apprehension of an immediate harmful or offensive contact.

Battery

The intentional, unprivileged, and unconsented physical contact with another person.

Defamation of Character

The communication of false statements that damage a person's reputation.

Libel

Defamation in a written or permanent form (e.g., a false entry in a medical record).

Slander

Defamation in an oral or transitory form (e.g., spoken false rumors).

Negligence

A deviation from the accepted standard of care that a reasonable person would exercise under similar circumstances.

Standard of Care

The level of professional performance and caution expected of a healthcare professional in a given situation.

Plaintiff

The party who initiates a lawsuit by filing a complaint.

Defendant

The party against whom a legal action is brought.

Subpoena duces tecum

A legal command for a witness to appear in court and bring specific physical documents or medical records.

Burden of Proof

The obligation of the plaintiff to provide sufficient evidence to support their legal claims.

Discovery

The formal pre-trial process where both parties exchange information and evidence.

Complaint

The initial legal document filed by a plaintiff outlining the claims against a defendant.

Invasion of Privacy

The unauthorized disclosure of private information or the wrongful interference into a patient’s personal affairs.

Common Law

Law developed through judicial decisions (precedent) rather than through legislative statutes.

Deposition

Sworn testimony taken outside of court during the discovery phase of a lawsuit.

False Imprisonment

The intentional and unlawful restraint or confinement of an individual against their will.

Expert Witness

A professional with specialized knowledge called to testify to assist the jury in understanding complex technical or medical standards.

Stare decisis

A Latin phrase meaning "let the decision stand." This is the principle of following precedent, ensuring stability and predictability in the legal system.

Reasonable Standard of Care

The benchmark used to evaluate professional conduct, defined as what a reasonably prudent person with similar training would have done in the same situation.

Licensure of a physician

A mandatory, state-regulated credentialing process that grants the legal right to practice medicine.

Endorsement

A process by which a state may grant a license to a physician who has already passed a recognized national examination.

Reciprocity

An agreement between two states where one accepts the valid license of another without requiring additional testing.

Registration

The act of adding a professional’s name to an official list or registry maintained by a governing body.

Unprofessional Conduct

Behavior that deviates from the ethical or legal standards expected of a medical professional.

Scope of Practice

The specific procedures and actions a healthcare practitioner is legally permitted to perform based on their license and training.

Statute of Limitations

The legally prescribed period within which a lawsuit must be filed after an injury or discovery of harm.

Good Samaritan Laws

Statutes providing legal immunity to those who provide emergency care in good faith, provided they do not exhibit gross negligence.

Guardian ad litem

A person appointed by the court to represent the best interests of a minor or incompetent person during legal proceedings.

Telehealth

The delivery of clinical healthcare and education using electronic information and telecommunications technologies.

Chain of Command

The formal hierarchical structure of authority and communication within a medical facility.

Confidentiality

The legal and ethical mandate to protect the privacy of a patient's medical and personal information.

Respondeat superior

A Latin phrase meaning "let the master answer." This doctrine holds an employer liable for the torts of an employee, provided the act occurred within the Scope of Employment.

Consent

The voluntary agreement by a patient to undergo a specific medical encounter or treatment.

Implied Consent

Consent inferred from a patient’s non-verbal actions or the surrounding circumstances.

Consent during Emergency

The legal presumption that an unconscious patient would consent to life-saving treatment if they were able to do so.

Responsibility to Obtain Consent

A non-delegable duty of the physician to discuss the procedure and obtain the patient’s permission; this duty cannot be shifted to nursing or administrative staff.

Advance Directives

Legal documents that allow patients to specify their healthcare preferences before they lose decision-making capacity.

Living Will

A specific advance directive outlining which life-sustaining treatments a patient desires or refuses in terminal conditions.

Emancipated Minors

Individuals under 18 who are legally independent from parents (e.g., self-supporting or married).

Mature Minors/Specific Consents

The legal right of certain minors to consent to specific treatments (e.g., STDs, pregnancy, or substance abuse) without parental notification in various jurisdictions.

Patient Dumping

The illegal and unethical practice of refusing to treat or prematurely transferring patients who are unable to pay for services.

Duty of Care

The legal obligation to provide care; in malpractice, this duty only exists once a physician-patient relationship is established.

Breach of Duty

The failure of the provider to meet the standard of care required for the situation.

Injury

The actual physical or emotional harm suffered by the patient.

Causation

The "proximate cause" or direct link proving that the provider’s breach of duty caused the patient’s injury.

Malfeasance

The performance of a totally wrongful and unlawful act.

Misfeasance

The improper performance of a lawful and proper act.

Nonfeasance

The failure to act when there is a mandatory duty to do so.

Res ipsa loquitur

A Latin phrase meaning "the thing speaks for itself." This doctrine applies when negligence is so obvious that no other explanation exists (e.g., leaving a surgical sponge inside a patient).

Assumption of Risk

An affirmative defense where the patient was aware of the risks but proceeded anyway.

Contributory Negligence

An affirmative defense claiming the patient’s own negligence contributed to the injury, potentially barring any recovery.

Comparative Negligence

A system where damages are reduced by the percentage of the patient's own fault.

Res judicata

A Latin phrase meaning "the thing has been decided"; it prevents the same parties from litigating the same issue twice once a final judgment is rendered.

Fraud

Intentional deception or misrepresentation intended to result in financial or personal gain.

Arbitration

Using a neutral third party to resolve a dispute outside of the court system.

Wrongful Death Suit

A civil action brought by survivors of an individual whose death was caused by the negligence or misconduct of another.

False Claim

Submitting a request for payment to the government for medical services that were unnecessary or never rendered.

Liability Insurance

Coverage purchased by professionals to protect against financial loss from malpractice claims.

Malpractice

Professional negligence resulting in patient injury.

Defensive Medicine

The practice of ordering excessive tests and procedures solely to reduce the risk of future litigation.

Controlled Substances Act and Regulations

The federal statute regulating the manufacture and distribution of drugs with potential for abuse.

Schedule Prescriptions

A five-tier classification system (Schedules I-V) that categorizes drugs based on their medical utility versus their potential for addiction.

Chain of Evidence

The rigorous documentation of the handling of physical evidence (e.g., forensic samples) to maintain its integrity for legal proceedings.

Employee Assistance Program (EAP)

A confidential, work-based program providing assessment and referral services for employees facing personal or professional challenges.