Chapter 3: Ethics and Law for the Medical Office

Define morals.

Beliefs about what is right and wrong

Define ethics.

The branch of knowledge that deals with standards of behavior or beliefs

Define rights.

A claim that is expected to be honored

What is autonomy and how does it relate to informed consent?

Ability to make independent decisions without constraint or coercion by others and informed consent is consent based on the understanding of a medical procedure and its possible outcomes

What is stem cell research?

A promising area of research for medical treatment involves the use of embryonic stem cells

What is genetic engineering?

Making, altering, or repairing genetic material

What is cloning?

Reproducing genetically identical cells or individuals

What is gene therapy?

Giving patients new genes or parts of genes to treat a disease or condition

What is the Patient Self-Determination Act (PSDA)?

Requires healthcare providers to inform patients of their right to make healthcare decisions, including the ability to create advance directives specifying preferred or refused treatments

What is an advance directive?

Specified care to be given or avoided and name a person to make medical decisions if the individual becomes incompetent

What is a living will?

A legal document that specifies the kind of medical treatment a patient wants or does not want if he or she becomes incapacitated

What are the book’s examples of personal and professional ethics?

Professional ethics typically override personal beliefs. For example, even if a medical assistant believes a parent should receive their child's test results, confidentiality laws require patient consent after age 18, regardless of personal opinion

What is the difference between criminal law and civil law?

criminal law: Regulates offenses against the public welfare.

Civil law: Regulates relationships and interactions between individuals and groups.

Define the term liability.

Legal responsibility

What is larceny?

Stealing another person's property

What is embezzlement?

Theft or appropriation of funds from a client, customer, or employer

What is fraud?

Intentional deception resulting in injury or loss

What elements must be present for there to be a contract between the physician and the patient?

1. There must be a mutual agreement.

2. There must be intent to do (or not do) something that is legal.

3. The action must occur in exchange for service (called consideration) or for payment.

4. The parties must be legally able to enter into a contract.

What groups of people are not able to give consent?

1. Children younger than the age of 18

2. Mentally ill adults or adults with severe intellectual disabilities

3. Individuals who are temporarily mentally incapacitated

4. Individuals who are under threat or duress (fear of a threat)

5. Individuals who have been found incompetent to handle their affairs (as determined by a physician or court)

What is an emancipated minor?

A person younger than the age of 18 with the rights of an adult, including the ability to consent to medical care

What is a mature minor?

An individual younger than 18 years of age with the maturity to provide informed consent for certain medical procedures

What is the proper way a physician must terminate a relationship with a patient?

Must notify the patient in writing

What is res ipsa loquitur?

A legal doctrine that assumes negligence because of the type of injury

What is respondeat superior?

A legal doctrine making an employer liable for the negligent acts of employees

What is the Good Samaritan Act?

Laws that protect health professionals from being sued for giving emergency care at the scene of an accident

What is litigation?

The process of taking a lawsuit or criminal case through the courts

What is a subpoena?

A court order for a witness to appear and give testimony

What is subpoena duces tecum?

A court order requiring that documents be made available

What is statute of limitations?

A law limiting the time period for beginning a lawsuit (1-3yrs)

What are the three points that statute of limitations begins?

1. When the injury occurred

2. When the individual first realized that an injury had occurred

3. When a minor reaches the age of majority or some other specific age (such as 21)

What are the reasons the licensing board can revoke or suspend a physician’s license?

Conviction of a crime, unprofessional activity, and physical or mental incapacity, including alcoholism, drug abuse, and senility