Medical law and Ethics module 2

flashcards to study medical law and ethics

What percentage of the round-one written exam does the Legal Environment section cover?

35%, according to the module.

What is a federal system of government?

A system in which authority is shared between the national government and state governments.

What are checks and balances?

Controls that let each branch of government limit and review the actions of the other branches.

What does the legislative branch do?

Makes laws; at the U.S. federal level it includes the Senate and House of Representatives.

What does the executive branch do?

Carries out and enforces laws; it includes the president and executive officials.

What does the judicial branch do?

Interprets laws through courts and judges.

What is constitutional law?

Law governing constitutional rights and the relationship between people and government.

What is statutory law?

Law enacted by legislatures such as Congress or state legislatures.

What is regulatory law?

Rules created by authorized government agencies to implement and enforce laws.

What is common law (case law)?

Law developed through judicial decisions and prior rulings.

What is precedent?

An earlier court decision used to guide decisions in similar later cases.

What are the main classifications of law?

Private (civil) law and public law.

What are examples of private (civil) law?

Tort, contract, property, inheritance, family, and corporate law.

What are examples of public law?

Criminal, administrative, constitutional, and international law.

What is civil law?

Law dealing primarily with disputes among people, organizations, or other parties; remedies often include monetary damages.

What is tort law?

The area of civil law dealing with wrongful acts that injure a person or property.

What remedy is common in tort cases?

Money damages to compensate for the harm.

What are the two broad categories of torts?

Intentional torts and unintentional torts.

What is an intentional tort?

A wrongful act committed deliberately, such as assault, battery, or false imprisonment.

What is assault in tort law?

An act that causes another person to reasonably fear imminent harmful or offensive contact.

What is battery in tort law?

Intentional harmful or offensive physical contact without valid consent.

What is false imprisonment?

Unlawfully restricting someone's freedom of movement.

What is defamation?

A false statement that harms someone's reputation.

What is slander?

Defamation communicated through spoken statements.

What is libel?

Defamation communicated in written or other recorded form.

What is fraud?

Intentional deception intended to gain an unfair or unlawful benefit.

What is invasion of privacy in health care?

Improperly intruding on a patient's privacy or disclosing confidential information.

What is negligence?

Failing to act with the care a reasonably prudent person would use in similar circumstances, causing harm.

How can negligence occur?

By carelessly performing an act or failing to perform a required act.

What is the reasonable-person standard?

A comparison with how an ordinarily careful person would act under similar circumstances.

What is contract law?

Law governing legally enforceable agreements and failures to fulfill them.

What is a contract?

An agreement between parties that creates legally enforceable duties.

What is consideration in a contract?

Something of value exchanged or promised as part of an agreement.

What does contractual competence mean?

The parties must have the legal capacity to enter the agreement.

What is an express contract?

An agreement whose terms are stated explicitly, orally or in writing.

What is an implied contract?

An agreement inferred from conduct or circumstances rather than expressly stated terms.

What is breach of contract?

Failure to perform an obligation required by a contract.

What is patient abandonment?

Improperly ending a care relationship without reasonable notice or an appropriate opportunity for continued care.

What is public or criminal law?

Law defining conduct that the government can prosecute and punish as an offense against society.

What are typical criminal penalties?

Fines, imprisonment, or both.

What are two broad levels of criminal offenses?

Felonies and misdemeanors.

Who prosecutes criminal cases?

The government, rather than a private plaintiff acting alone.

What is administrative law?

Rules and decisions of agencies that regulate activities such as professional licensing and public health.

What are the two major U.S. court systems?

Federal courts and state courts.

What is exclusive jurisdiction?

Authority held by only one court or court system to hear a particular kind of case.

What is concurrent jurisdiction?

Authority shared by more than one court or court system to hear a case.

What is the general federal court hierarchy?

U.S. district courts, U.S. courts of appeals, and the U.S. Supreme Court.

What is the general state court hierarchy?

Trial courts, intermediate appellate courts where present, and the state's highest court.

What is a grand jury?

A group of citizens that reviews evidence to decide whether criminal charges should proceed through an indictment.

How many people are on a grand jury, according to the module?

Typically 12 to 23 citizens.

What is an indictment?

A formal accusation of a crime, often issued after grand-jury review.

What is litigation?

The process of resolving a legal dispute through the courts.

Who is the plaintiff?

The person or entity bringing a civil lawsuit.

Who is the defendant?

The person or entity against whom a lawsuit or criminal charge is brought.

What is an out-of-court settlement?

An agreement that resolves a dispute without a completed trial verdict.

What does waiving a jury trial mean?

Giving up the right to have a jury decide the case, when such a waiver is allowed.

What usually happens at the start of a trial?

Each side may present an opening statement describing its case.

What is a closing argument?

An attorney's final summary of the evidence and reasons the fact-finder should favor that side.

What is an appeal?

A request that a higher court review a lower court's ruling for legal error.

What is discovery in litigation?

The pretrial process of exchanging and obtaining information relevant to the case.

What is a deposition?

Sworn testimony given outside the courtroom and recorded for use in legal proceedings.

What is a subpoena?

A legal order requiring someone to appear or provide testimony or evidence.

What is a subpoena duces tecum?

A legal order requiring production of specified documents or records.

What is the standard of proof in most civil cases?

Preponderance of the evidence: the claim is more likely true than not.

What is the standard of proof for a criminal conviction?

Proof beyond a reasonable doubt.

Which standard of proof is generally higher: civil or criminal?

Criminal, because conviction requires proof beyond a reasonable doubt.

What is an expert witness?

A person with specialized knowledge who helps a judge or jury understand evidence or professional standards.

What might a medical expert witness explain?

The applicable standard of care and whether particular medical conduct met it.

How should a health professional behave when testifying?

Be truthful and calm, act professionally, stick to facts, and ask for clarification when a question is unclear.

What is a medical practice act?

State legislation setting rules for practicing medicine and for licensing and disciplining physicians.

What do medical practice acts establish?

Licensing boards, entry requirements, renewal rules, practice limits, and grounds for discipline.

Why do medical practice requirements vary across the United States?

Medical licensing is largely regulated at the state level.

What is physician licensure?

Official state authorization to practice medicine after meeting applicable education, examination, and other requirements.

What is the USMLE?

The United States Medical Licensing Examination, a multistep exam used in physician licensure.

What does endorsement mean in professional licensing?

A licensing authority's approval of credentials or qualifications from another jurisdiction.

What is reciprocity in physician licensing?

An arrangement recognizing licensing qualifications across jurisdictions under applicable rules.

What is license registration or renewal?

Periodic maintenance of a professional license, often involving fees and continuing education.

What is CME?

Continuing Medical Education: learning activities physicians complete to maintain knowledge and meet certain licensing requirements.

What CME amount does the module cite?

75 hours over three years; actual requirements depend on the jurisdiction and may change.

When might a physician be exempt from obtaining a separate state license, according to the module?

Certain federal-facility work, emergencies, residency, or research-only roles; legal exemptions vary by location and circumstance.

What can lead to suspension or revocation of a medical license?

Serious unprofessional conduct, criminal acts, fraud, or an impairment affecting safe practice.

What is licensure for an allied health professional?

Legal authorization to practice a regulated occupation after meeting prescribed qualifications.

What is professional certification?

Recognition by a certifying body that someone meets specified standards or has passed an assessment.

How do licensure and certification differ?

Licensure is government permission to practice; certification usually verifies qualifications through a professional organization.

What is accreditation?

A formal review of whether an institution or program meets established quality standards.

What does an accrediting organization review?

A program's policies, procedures, operations, and performance against defined standards.

What organizations are named as accreditation examples in the module?

JCAHO (the historical name associated with The Joint Commission) and CAAHEP.

What is the standard of care in health care?

The level of knowledge, skill, and care expected of a reasonably competent professional in comparable circumstances.

What is patient confidentiality?

A professional and legal duty to safeguard patient information from unauthorized access or disclosure.

When may patient information be disclosed?

When authorized by the patient or otherwise permitted or required by applicable law.

What does the module emphasize about patient privacy?

Patients' health information and medical records must be treated as confidential.

What is the prudent-person rule in informed care?

A patient should receive material information a reasonable person would need to make a treatment decision.

What information should a patient receive when considering treatment?

Diagnosis, risks, benefits, alternatives, likely outcome without treatment, and relevant pain or costs.

What is a statute of limitations?

The deadline for starting a legal claim.

What is the discovery rule?

A rule that can start or delay the limitations period until an injury was or reasonably should have been discovered.

How long is the statute of limitations for medical claims, according to the module?

Often one to three years, but the actual deadline varies significantly by state and claim.

What is the purpose of Good Samaritan laws?

To provide certain liability protections for people who voluntarily give emergency assistance under specified conditions.

What limits generally apply to Good Samaritan protections?

The helper should act in good faith and within appropriate abilities; exact duties and protections depend on local law.

What does the module say about stopping emergency aid once begun?

Continue until qualified help takes over or continuing becomes impossible; actual legal duties vary.

What does respondeat superior mean?

"Let the master answer": an employer may be legally responsible for employee acts within the scope of employment.