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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