Medical law and ethics

malfeasance

The performance of a totally wrongful and unlawful act

misfeasance

The performance of a lawful act in an illegal or improper manner

nonfeasance

The failure to act when one should

precedent

a case that serves as a model for future cases

Etiquette

good manners

Protocol

standards of etiquette in a specific situation

each individual state

Licensure to practice medicine is done by

Misdiagnosis

is not sufficient grounds for revoking a medical license

Moral values

Formed through the influences of the family, culture and society, these serve as the basis for ethical conduct

courtesy, compassion, and common sense

The qualities of any successful healthcare practitioner

reciprocity

A valid out of state license is accepted as the basis for issuing a license in a second state without re-examination

Respondeat superior

According to this doctrine, physicians are legally responsible for the negligent acts of their employees

Licensure

What credentials is mandatory for certain health professionals to practice in their field

Unlawful acts are always

unacceptable and unethical and is often punishable by legal means

All medical practice acts?

define the practice of medicine in the state, establish grounds for revoking a license, and explain requirements for licensure

the law of agency

When a medical office employee acts on behalf of his or her employer, the act falls under

Written codes of ethics for healthcare practitioners

evolved primarily to serve as moral guidelines for those who provide care

rules of conduct

Law may be defined as

The Patients' Bill of Rights

has still not become a law

punitive

damages awarded by the court to punish the defendant

Wrongful death

Damages may be collected by a deceased's beneficiaries under this statute when a patient's death is judged due to negligence

elements of a contract?

Agreement, consideration, legal subject matter, and contractual capacity

Torts

are civil wrongs, committed against a person or property and may be intentional

liability

criteria by which our actions in a given situation are judged competent or incompetent

the reasonable person standard

We are responsible for our actions, or our failure to act, under

extent of injuries, loss of income, and mental anguish

When a defendant is found guilty of a tort, the plaintiff is awarded compensation based upon

expert testimony

A means of establishing a standard of care in a trial is called

civil

This type of law governs certain activities between and among person, or between persons and the government

Assault

The open threat of bodily harm to someone

misdemeanor

a traffic ticket for running a stop sign

Consumer Protection Act

requires notification of interest rates before they are charged

nominal

damages that recognize the wrong, but award only a token amount

Battery

the action that causes bodily harm

jurisdiction

The power and authority given to a court to hear a case and make a judgment

negligence

An unintentional tort alleging that a healthcare practitioner has failed to exercise ordinary care

Res judicata

the thing has been decided

Statute of limitations

doctrine says a lawsuit cannot move forward if a certain period of time has elapsed

minimize danger, hazard, and liability

Risk management is a process to

duty, dereliction, direct cause, and damages

The four "Ds" of negligence

Release of tortfeasor

Under which defense may the party who caused an accident be liable both for the victim's injury and any medical negligence by an attending physician?

keep the information to himself

Tom is a nurse in an internal medicine practice. The physician he works for often refers patients to Dr. Hazelwood, a local cardiologist. Tom learns from a friend at the local hospital that Dr. Hazelwood has several malpractice claims filed against him. Tom should

Res ipsa loquitur

the doctrine of common sense

inherent risk

If the patient knew the _ before treatment, the defendant may use contributory negligence as a defense in a lawsuit

provide the physician with the chart for follow up

When a patient misses an appointment and does not re-schedule

privileged

Information held confidential within a protected relationship such as physician-patient is called a(n) _ communication

occurrence coverage

Medical malpractice insurance that covers the insured for any claims arising from an incident that occurred, or is alleged to have occurred, during the time the policy was in force, regardless of when the claim is made is called

happen

In charting, if it isn't written down, it didn't

help ensure the privacy of records

Firewalls and encryption are software to

true under HIPAA

Patients must submit complaints to the Secretary of Health and Human Services through the Office of Civil Rights

the privacy rule

Any activity that reveals PHI, however innocently done, is a violation of

not covered by HIPAA's Security Rule

The contents of all documents pertaining to patient privacy

security officer

The person most likely to handle the problem of a computer hacker (an unauthorized person) that is able to access and download information about patients is the

Protected psychotherapy notes

include only those notes that document or analyze the contents of conversations during a counseling session

Law enforcement officials

entitled to PHI only in specific circumstances related to injuries to an individual that are criminal in nature

Politely excuse herself and fix the computer so no information is on the screen

Alicia's computer monitor is easily viewed by patients as the patient is sitting at her station. She notices that a patient is making an intent effort to read the information on the computer screen. That information is actually about another patient that Alicia had just talked with. What should Alicia do

may not give consent

A person who is mentally incompetent

Health InformationTechnology

a concept that suggests that the retention of all health records should eventually be done electronically

Under the doctrine of professional discretion a physician

may determine that the patient may not even see their own records

list the purpose for which the data will be used

Requests for information coming into the medical office from insurance companies or other sources should

To correct any error discovered after a patient's medical records has been filed

draw a line through the mistake, insert the correction, label it as a correction, initial, and date it

illegal, because federal law prohibits discrimination because of union activity

The local hospital nurses are trying to unionize. The leaders of this effort are demoted. One of them is terminated. Is this

cells are taken from frozen embryos set aside in the in vitro fertilization process

Stem cell research is controversial because

any type of body cell

Embryonic stem cells have the potential to become

right-to-know laws

allow employees broader access to information about toxic or hazardous substances

Material Safety Data Sheets (MSDS)

necessary in any office that has any hazardous material

something for something

quid pro quo

NOT against the law

Refusal to take a drug or lie detector test as a condition of employment

the Federal Register

The primary source of information for OSHA standards

Parens patriae

The legal doctrine that allows the state the authority to act in a child's best interest

The Family Leave Act

allows for unpaid leave for maternity leave, adoption, or caring for a sick family member

Somatic gene therapy

normal copy of a gene is inserted into the cells of a person with a specific genetic disease

Americans with Disabilities Act (ADA)

The federal law that requires public access for individuals who are disabled

Workers' compensation

includes medical and surgical treatment, as well as disability benefits in the event of a permanent injury

cloning

A scientific process that produces new organisms, identical to the parent without union of sperm and egg

Safe haven laws

allows parents to bring their newborn babies to a hospital, fire station, or police station and leave them for the state to care for without fear of prosecution

Xenotransplantation

procedures involves transplanting animal tissues and organs into humans

Genetic engineering

The process where scientists manipulate DNA within the cells of plants and animals to ensure that certain traits will appear and be passed on, or that certain undesirable characteristics are eliminated

Minors

have the same constitutional right to privacy as an adult

Hazard Communication Standard

specifically regulates hazardous equipment in the medical office

Amniocentesis

During this process, fluid is withdrawn from a woman's pregnant uterus to be used for genetic and medical tests

contagious diseases like HBV that are bloodborne

The Bloodborne Pathogen Standard is designed to protect healthcare workers against

In vitro fertilization (IVF)

In this process, eggs and sperm are brought together outside the body, in a test tube or petri dish

emancipated minor

legally lives outside of his parents' control and makes his or her own healthcare decisions

wrongful discharge

Oral promises made to an employee by an employer may be used as evidence in a suit brought by the employee for

Adoption

a complicated process with both federal and state laws affecting what may be done

illegal

Firing an employee because of political activity, sexual harassment, or race are all

deoxyribonucleic acid (DNA)

The combination of proteins that comprises each human chromosome

Gestational surrogate

a woman who has agreed to carry a child to term for a couple, but who is not related to the couple

GDP

is the amount of income for all goods and services in the United States

stakeholders

Those who have a vested interest in the healthcare industry

Patient Self-Determination Act

The federal law that requires hospitals and other healthcare providers to provide written information to patients regarding their rights under state law to make medical decisions and execute advanced directives

an indication of brain death

The entire brain, including the brain stem, has irreversibly ceased to function

HPV vaccine

An example of a newer vaccine, used in the fight to prevent cancer

Palliative care

provided to ease a patient's suffering and not to cure a disease

cost, access, and quality

three major issues in healthcare

about end of life care

A living will provides direction about specific wishes

children

The SCHIP was created to help provide care for low income

Uniform Determination of Death Act

What legislation established uniform guidelines for determining when death has occurred

visualize medical procedures

Efforts to use 3-D computing in healthcare, healthcare education, and healthcare diagnostics are designed to

Pharmacogenomics

science that defines how individuals are genetically programmed to respond to drugs