Med Assist Ch 2 P2 Cards

fee splitting

the illegal or unethical act of sharing patient payment money with another person or business in exchange for sending a patient

fraud

intentional deception or misrepresentation made by a healthcare worker knowing that the deception could result in an unauthorized benefit or payment

Genetic Information Nondiscrimination Act (GINA)

2008 U.S. federal law that stops health insurers and employers from discriminating against people based on their genetic information

implied consent

an agreement to medical care that a patient shows through their actions, behavior, or circumstances rather than by speaking or signing a form

implied contracts

a legally binding agreement that is created by the actions and conduct of the patient and the healthcare provider, rather than through spoken words or a written document

informed consent

a process where a patient receives a clear explanation of a medical procedure, its risks, benefits, and alternatives, and then voluntarily agrees to undergo it

intentional tort

a deliberate civil wrong committed by a healthcare worker against a patient

legally required disclosure

the sharing of protected patient data or health information with outside parties or authorities when mandated by federal or state laws, regardless of whether the patient has given consent

libel

the communication of a false, written statement about a person that damages their reputation

licensure

a mandatory legal permit granted by a government agency that allows a person to work in a specific profession

litigation

the formal legal process of resolving a dispute through a court system when a patient files a lawsuit against a healthcare provider or facility

locum tenens

a Latin phrase meaning "to hold the place of", referring to a healthcare provider who works in a temporary, contract-based role to fill staffing gaps at a clinic, hospital, or medical facility

malfeasance

the intentional performance of a wrongful, illegal, or completely unauthorized act that causes harm to a patient

malpractice

professional negligence that occurs when a medical assistant fails to meet the expected standard of care for someone with similar training, resulting in harm or injury to a patient

mature minors

person under the age of 18 who has the maturity and mental capacity to understand a medical treatment and its risks, allowing them to give their own consent without parental permission

misfeasance

performing a lawful, proper act in a careless, incorrect, or negligent manner that causes harm to a patient

negligence

when a medical assistant fails to use reasonable care or goes outside their legal scope of practice, resulting in unintended patient harm

nonfeasance

failing to perform a required duty or obligation that results in harm to a patient

Patient Care Partnership

American Hospital Association (AHA) document that explains patient rights and expectations during a hospital stay

patient navigator

a trained healthcare professional who guides individuals through the complex healthcare system to ensure they receive timely and coordinated care

Patient Self-Determination Act (PSDA)

1990 federal law requiring healthcare facilities that receive Medicare or Medicaid funding to give adult patients written information about their right to accept or refuse medical treatment and make advance directives

plaintiff

the person or party who files a lawsuit or brings a legal action to court

precedents

a prior court decision that serves as an example or guide for deciding future cases with similar legal questions or facts

protocols

define the appropriate guidelines in the diagnostic treatment and care of patients

registered

a medical professional has met specific educational and testing requirements to be officially listed by a government or professional regulatory body to practice legally

res ipsa loquitur

Latin legal phrase meaning "the thing speaks for itself," which allows a court to infer negligence simply because an obvious injury occurred under a defendant's exclusive control

res judicata

Latin phrase meaning "a thing decided", which means a legal case or claim cannot be tried again after a court has already made a final decision

respondeat superior

Latin phrase meaning "let the master answer," which is a legal doctrine holding an employer (such as a physician or healthcare clinic) legally responsible for the wrongful acts or negligence of their employees

slander

a spoken, false, and malicious statement that damages another person's reputation

stare decisis

Latin legal term meaning "let the decision stand", which requires courts to follow historical legal precedents when ruling on similar cases

statute of limitations

a law that sets the maximum time limit from the date of an injury or its discovery for a patient to file a legal claim or lawsuit against a healthcare provider

subpoena

a formal legal document that commands a person to appear in court to give testimony or to produce specific patient medical records for a legal proceeding

subpoena duces tecum

a legal document that orders a person or organization to bring specific documents, records, or physical evidence to a court or legal proceeding

tort

wrongful act committed against a person or property that causes harm or injury, for which the injured party can seek legal compensation