Medical Law and Ethics: Key Terms

assault

a threat or attempt made to touch a patient without his or her permission

liability

the state of being responsible for something, especially by law

autonomy

basis for the practice of informed consent; respecting a patient’s decisions when they make them with understanding and without influences

libel

false information that is written

battery

when a non-consenting patient is actually touched

duty

a moral or legal obligation, a responsibility

deontology

the study of the nature of duty and obligation

consequentialism

doctrine that the morality of an action is judged by

litigation

legal proceeding in a court of law

breach of duty

failure of doing your duty correctly

Res Ipsa Loquitur

the principle that if an accident happened, that is a sign of negligence

beneficence

performing actions for the benefit of others

proximate cause

when the actions of a person who owes you a duty must be related to your injury in a way that the person who owes you the duty caused your injury in a legal sense

living will

documents what steps, if any, are to be taken in order to save or prolong a person’s life

**civil law

focuses on issues between private citizens

malpractice

any illegal, unethical, negligent, or immoral behavior that results in the failure of duty or responsibility on the part of a healthcare professional

civil rights

basic legal rights held by all U.S. citizens

misrepresentation

a false or misleading statement or thing with the intent to deceive

** common law

civil law of an area or region resulting from rulings by judges on individual disputes or cases

negligence

careless or senseless behavior by a healthcare practitioner that results in harm

constitutional rights

rights given to all citizens through the US constitution

nonmaleficence

never causing needless harm or injury to a patient

** criminal law

law concerned with punishing those whose conduct is so harmful or threatening to society that it is prohibited by governmental statute

paternalism

interfering in another person’s autonomy with the intent of promoting good and keeping them away from harm

defamation of character

making false or malicious statements that do harm to a person’s reputation

plaintiff

a person who brings a case against another in court

defendant

the person or company sued or accused in a court of law

privileged communication

an interaction between two parties in which the law recognizes a private protected relationship

justice

just behavior or treatment

legal guardian

someone appointed by a judge to act for another person

durable power of attorney for health care

designates a person to make health care decisions on behalf of the patient in the event that the patient becomes incapacitated

professionalism

set of values, behaviors, and relationships that form a foundation on which patient and colleague trust is formed

ethics

set of guidelines that help determine right or wrong behaviors in health care

** public law

focuses on issues between a government and its citizens

expressed consent

signing a medical agreement that authorizes a doctor to go ahead with a specific medical treatment or procedure (very similar to informed consent)

restitution

necessary compensation

false imprisonment

any attempt to restrain an individual or restrict his or her freedom

slander

when false information is spoken

risk management

complex system, process, or procedures designed to detect, monitor, assess, and prevent risks to patients

defensive medicine

medicine practiced in a way to reduce the risk of malpractice litigation

felony

a crime

standard of care

treatment that is accepted by medical experts as a proper treatment for a certain type of disease and that is widely used by healthcare professionals

fidelity

keeping promises regardless of payment, expectations for payment, or the personal characteristics of a patient; give quality care to everyone

statute of limitations

a law that sets the maximum amount of time that parties involved in a dispute have to initiate legal proceedings

fraud

wrongful or criminal deception intended to result in financial or personal gain

statutory law

laws that are enacted by federal, state, and local legislators and enforced by the court system

HIPAA

Health Insurance Portability and Accountability Act, protects a patient’s right to privacy

human rights

fundamental rights of all people regardless of citizenship status

tort

any wrongful act that results in harm

implied consent

when a patient doesn’t sign a written statement but gives permission for care to be provided, or is assumed to have given permission for care when unconscious

unintentional torts

accidents or mistakes that result in harm

incapacitated

unable to make his or her own medical decisions

veracity

being honest with your patients

informed consent

when patients are given information about their care and voluntarily consent to particular treatments or procedures

ward

the person who is under legal guardianship

intentional tort

deliberate acts intended to cause harm

invasion of privacy

when a provider intentionally and unreasonably exposes a patient’s body or reveals a patient’s personal information without consent