exam2

What is an advance directive?

A legal document stating a person's health care wishes if they become unable to decide

What is a living will?

A written statement describing what medical treatments a person wants or refuses if terminally ill

How does an advance directive differ from a living will?

An advance directive is the umbrella term while a living will is one specific type

What is a genetic carrier?

A person who has a gene for a disorder but shows no symptoms

What is genetic forensics?

The use of genetic testing for legal or criminal identification

What is genetic diagnostic testing?

Testing used to confirm the presence of a disease

What is genetic predictive testing?

Testing used to determine future risk of developing a disease

Who is an emancipated minor?

A minor legally independent due to marriage military service or court order

Who is a mature minor?

A minor deemed capable of understanding and consenting to medical care

Who is a knowledgeable minor?

A minor who understands treatment but is not legally independent

Who is a protected minor?

A minor who requires parental or guardian consent

What is the difference between law and ethics?

Law is enforced by government while ethics are moral principles

What are general compensatory damages?

Damages for pain and suffering

What are special compensatory damages?

Damages for measurable losses such as medical bills and lost wages

What are consequential damages?

Damages for indirect losses caused by an injury

What are punitive damages?

Damages meant to punish extreme or reckless behavior

What is denial as a defense?

Claiming no wrongdoing occurred

What is emergency as a defense?

Claiming immediate action was necessary to prevent harm

What is contributory negligence?

Claiming the patient contributed to their own injury

What is a tortfeasor release?

A waiver signed by the patient releasing liability

What is a written contract?

A formal agreement in written form

What is a verbal contract?

An agreement made by spoken words

What is a limited contract?

A contract covering a specific service

What is an implied limited contract?

A contract assumed by actions such as sitting in an exam room

What are advance directives?

Legal documents outlining future medical care decisions

Why do patients commonly sue healthcare providers?

Failure to diagnose medication errors lack of consent and poor communication

What are Schedule I drugs?

Drugs with no accepted medical use and high abuse potential

What are Schedule II drugs?

Drugs with high abuse potential and accepted medical use

What are Schedule III drugs?

Drugs with moderate abuse potential

What are Schedule IV drugs?

Drugs with low abuse potential

What is duty of care?

The legal obligation to provide competent and reasonable care

What is the Fair Labor Standards Act of 1938?

A law establishing minimum wage overtime and child labor standards

What are Medical Practice Acts?

State laws defining legal scope of practice

What are morals?

Personal beliefs of right and wrong

What is the Patient Protection and Affordable Care Act?

A law expanding access to healthcare and preventive services

What are patient rights?

Rights including privacy informed consent refusal of treatment and access to records

What permissions does HIPAA allow?

Treatment payment and healthcare operations

What is protocol?

An established procedure or guideline

What is quid pro quo?

An exchange of something for something often illegal in healthcare

What are right-to-know laws?

Laws requiring patients be informed of diagnoses and risks

What is scope of practice?

The legal limits of a healthcare professional's duties

What is standard of care?

The level of care a competent professional would provide

What is brain-oriented death?

Irreversible loss of all brain function

What are the four Cs of malpractice prevention?

Care communication competence and charting

What is the Federal Anti-Kickback Law?

A law prohibiting payment for patient referrals

What is the role of HIPAA?

Protecting patient privacy and health information

What is the Stark Law?

A law prohibiting physician self-referrals

What is the Federal False Claims Act?

A law preventing fraud against government programs

Why is the medical chart important in court?

It serves as legal evidence of care provided

What is the Safe Haven Law?

A law allowing safe surrender of newborns without prosecution

What is active euthanasia?

Intentionally causing death

What is passive euthanasia?

Withholding or withdrawing life-sustaining treatment

What is involuntary euthanasia?

Ending life without patient consent

What is physician-assisted suicide?

Providing medication that the patient self-administers to end life

What is genetic engineering?

The manipulation of genes to alter organisms

What is workers’ compensation?

Insurance providing benefits for work-related injuries

What is the Uniform Anatomical Gift Act?

A law governing organ donation

What does AMA mean?

Against Medical Advice

What is coinsurance?

The percentage of medical costs paid by the patient

What is a diagnosis?

Identification of a disease or condition

What is prognosis?

The expected outcome of a disease

How do stem cells work?

They develop into specialized cell types

What is inherent risk?

Risk naturally associated with a procedure

What is sexual harassment?

Unwelcome sexual behavior or conduct

What is risk management?

The process of preventing errors and reducing liability

What steps are taken if HIPAA is violated?

File complaint investigation corrective action

Who can sign a death certificate?

Physician coroner or medical examiner

What are the five Cs of medical records?

Correct complete concise clear and confidential

Who owns medical records?

The healthcare facility owns them while patients have access rights

What must be included in informed consent?

Risks benefits alternatives and voluntary agreement

What are patients’ obligations?

Providing accurate information and following treatment plans

What are common violations of confidentiality?

Discussing patients publicly improper record access unsecured emails

What is the role of OSHA?

Ensuring workplace safety

What is the role of the CDC?

Monitoring and preventing disease

What is the role of the DEA?

Enforcing controlled substance laws

What is the role of the FDA?

Approving drugs devices and food safety

What is the role of the Joint Commission?

Accrediting healthcare organizations

What is hospice care?

Comfort-focused end-of-life care

What is palliative care?

Care focused on symptom relief and quality of life

What is a DNR?

A do-not-resuscitate order preventing CPR

What is grief?

The emotional response to loss

What is the role of Kubler-Ross?

Described the five stages of grief

What is the purpose of an autopsy?

To determine cause of death

Dishonest or deceitful practices in depriving others of their rights is called what?

Fraud

Standards of behavior developed from one's concept of right and wrong are called what?

Ethics

The capacity to make one's own decisions without external manipulation is called what?

Autonomy

The acceptance of a professional license from one state by another without reexamination is called what?

Reciprocity

What are technical defenses?

Defenses claiming legal or procedural requirements were not met

What is constitutional law?

Law based on the U.S. Constitution

What is case law?

Law based on court decisions and legal precedents

What is a breach of contract?

Failure to fulfill the terms of a legal agreement

What is protected health information (PHI)?

Individually identifiable health information

What is permission?

Authorization to perform an action

What is confidentiality?

The duty to keep patient information private

What is privileged communication?

Information protected from disclosure by law

What is a patient portal?

A secure online system that allows patients to access medical records

What is hospice?

Care focused on comfort at the end of life

What is a living will?

A document stating medical treatment wishes if incapacitated

What is palliative care?

Care focused on relief of symptoms and quality of life

What is passive euthanasia?

Withholding or withdrawing life-sustaining treatment