Med Law Midterm

Law -

rules or actions prescribed by a government authority that have a binding legal force

Ethics -

relates to morals, principles, and judgment; uses reason and logic to analyze problems

Medical Ethics -

concerns issues related to practice of medicine

Medical Practice Acts -

regulate how medicine is practiced in each state, provide legal definition for the practice of medicine, list requirements and methods for licensure, defines what is unprofessional conduct

Utilitarianism  -

greatest good for the greatest number of people 

Rights-Based Ethics -

emphasis on individual rights

Duty-Based Ethics -

focuses on performing duty 

Justice-Based Ethics -

based on a “veil of ignorance” to allow decision-makers to be impartial in their decisions

Virtue-Based Ethics -

emphasis on people, not on decisions or principles involved

Three-Step Ethics Model -

1. Is it legal, 2. Is it balanced, 3. How does it make me feel

Empathy -

the ability to understand the feelings of others without actually experiencing the pain or distress that a person is going through

Sexual Harassment -

unwelcomed sexual advances or requests for sexual favors 

Applied Ethics -

the practical application of moral standards to the conduct of individuals involved in organizations 

Comparable Worth -

also known as pay equity, the theory that extends equal pay requirements

Constitutional Law -

addresses relationship between individuals and their government 

Statutory and Regulatory Law -

passed by legislative bodies, either congress or state legislature

Common or Case Law -

established from court decisions, based on precedent 

Civil or Private Law -

concerns relationships between individuals, businesses, and government, will award monetary damages, includes tort law, and medical malpractice and contract law

Tort Law -

civil injury or wrongful act, committed against another person or property, results in harm 

Intentional Torts -

assault, battery, false imprisonment, defamation of character, fraud, invasion of privacy

Unintentional Tort -

negligence

Contract Law -

addresses breach or neglect of legally binding agreement between two parties 

Expressed Contract -

agreement entered into orally or in writing 

Implied Contract -

agreement shown through inference by signs, inaction, or silence

Abandonment -

withdrawing medical care from a patient without providing sufficient notice 

Breach of Contract -

either party fails to comply with terms of the agreement 

Class Action Lawsuit -

filed by one or more people on behalf of a larger group of people

Public or Criminal Law -

protects public from harmful acts of others

Litigation -

may result when two parties are unable to solve a dispute by themselves 

Plaintiff -

the person or institution who brings an action into litigation 

Defendant -

the person or institution who is being sued 

Subpoena Duces Tecum -

court order to appear in court and bring records

Defamation -

making false or malicious statements about another person 

Assault -

imminent apprehension of bodily harm

Battery -

bodily harm and unlawful touching 

Order of Courts -

district courts, court of appeals, supreme court

Endorsement -

an approval or sanction 

Reciprocity -

cooperation of one state in granting license to practice medicine to a physician already licensed in another state 

Licensure -

graduate from accredited school and pass national exam of competency 

Certification -

meet standards set by accreditation body and pass national exam of competency 

Prudent Person Rule -

information to a patient that a reasonable person may want, also called the “reasonable person standard”, physician must provide diagnosis, risks and expected benefits of treatment, alternative treatments, prognosis, cost and expected pain

Medical Patient Rights Act -

a federal law that gives all patients right to have privacy respected and records help confidential 

Statute of Limitations -

period of time a patient has to file a lawsuit 

Good Samaritan Law -

state laws help protect health care professionals and ordinary citizen from liability while giving care in emergency 

Respondeat Superior -

employer liable for acts of employee within scope of employment 

Commission on Accreditation of Allied Health Education Program -

provides accreditation for different medical related programs 

Health Maintenance Organization -

offers a wide range of services to members for a predetermined fee by a limited group of providers 

Preferred Provider Organization -

patient must use a medical provider who is under contract with the insurer for an agreed-upon fee 

Medicare -

health care coverage for elderly or seriously disabled or with end stage renal disease or other debilitating ailments, regardless of wealth or income

Medicaid -

a joint federal state program that offers financial assistance to insure poor and indigent 

Franchise -

business run by individual to whom franchisor grants exclusive right to market product or service in certain market area 

Conscience Clause -

employees may have a moral or religious objection to assisting with certain procedures 

Gatekeeper -

a primary care physician or insurance company that approves all patient referrals and nonemergency services, hospitalizations, or tests

Diagnostic Related Groups -  

a hospital payment system that classifies each medicare patient by illness

Sole Practice -

when a physician practices alone

Partnership -

a legal agreement to share in the business operation of a medical practice 

Associate Practice -

a legal agreement in which physicians agree to share a facility and staff by not profits and losses 

Group Practice -

consists of three or more physicians who share the same facility and practice together 

Implied Contract -

both patient and physician must agree to form relationship for there to be contract for services 

Implied Contract -

both patient and physician must agree to form relationship for there to be contract for services 

Physicians have the right to…

select patients, refuse service, determine type of service, to be paid, withdraw from relationships, and take vacations

Medical Patients Rights Act -

all patients are entitled to have privacy respected and medical records handled confidentially 

Dumping Crisis -

not taking patients if they are indigent or just lack medical insurance 

Abandonment -

a physician may be charged with it if formal notice of withdrawal is not given 

Noncompliant -

fails or refuses to cooperate 

Incompetent -

unable to provide for own needs, status is decided by court of law 

Privileged Communication -

confidential information told to a physician or attorney by a patient 

Minor -

person under the age of 18 

In Loco Parentis -

person assigned by court to stand in place of parents 

Parens Patriae -

state takes over care for a minor 

Mature Minor -

patient indicates by behavior that he or she accepts procedure 

Implied Consent -

patient indicates by behavior that he or she accepts procedure 

Malpractice -

professional misconduct or demonstration of an unreasonable lack of skill with the result of injury, loss, or damage to the patient 

Negligence -

unintentional action that occurs when a person performs or fails to perform an action that a reasonable person would or would not have committed in a similar situation 

Malfeasance -

performing a wrong or illegal act 

Misfeasance -

improperly performing an otherwise proper or lawful act 

Nonfeasance -

failure to perform a necessary action 

Preponderance of Evidence -

one side must demonstrate a greater weight of evidence than the other side 

Res Ipsa Loquitur -

means “the thing speaks for itself” 

Compensatory Damages -

court awarded payment to make up for loss of income or emotional pain and suffering

Punitive Damages -

monetary awarded by court to person harmed in malicious and willful way; meant to punish offender 

Nominal Damages -

Slight or token payment awarded by court 

Fraud -

deliberate misrepresentation or concealment of facts from another person for unlawful or unfair gain 

Borrowed Servant -

employer lends an employee to someone else 

Res Judicata -

means “the thing has been decided” 

Arbitration -

settling dispute without judge; decision is binding 

Mediation -

opinion of third party for non-binding decision 

Birth -

a physician must sign certificate of live birth 

Coroner -

public health officer hold inquest if death from unknown or violent cause 

Medical Examiner -

physician who investigates unexplained deaths and can perform autopsy 

Autopsy -

examination after death to determine cause of death 

Communicable Disease -

diseases transmitted from one person to another; considered a threat to public 

National Childhood Vaccine Injury Act -

childhood vaccines required by law 

Who can Prescribe Drugs -

only those with a DEA number may issue prescriptions for narcotics 

Schedule II Drugs -

require triplicate form, cannot be refilled 

Employee Assistance Program -

confidential counseling and referral service for employees and their families