Medical Law & Ethics Final Exam Review

health care practitioners

those who are trained to administer medical or health care to patients

plaintiff

the person bringing charges in a lawsuit

defendant

the person or party against whom criminal or civil charges are brought in a lawsuit

liable

legally responsible or obligated

litigious

prone to engage in lawsuits

precedent

decisions made by judges in the various courts that become rule of law and apply to future cases

summary judgment

a decision made by a court in a lawsuit in response to a motion that pleads there is no basis for trial

fraud

dishonest or deceitful practices in depriving, or attempting to deprive, another of his or her rights

law

rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority

ethics

standards of behavior, developed as a result of one's concept of right and wrong

moral values

one's personal concept of right and wrong, formed through the influence of the family, culture, and society

code of ethics

a list of principles intended to govern behavior

ethics guidelines

publications that detail a wide variety of ethica situations that professional might face in their work and offer principles for dealing with the situations in an ethical manner

Hippocratic oath

a pledge for physicians, developed by the greek physician Hippocrates circa 400 B.C.E

American Medical Association Principles

a code of ethics for members of the American Medical Association, written in 1847

bioethics

a discipline dealing with the ethical implications of biological research methods and results, especially in medicine

medical ethicist or bioethicist

specialists who consult with physicians, researchers, and others to help them make difficult ethical decisions regarding patient care

ethics committee

committee made up of individuals who are involved in a patient's care, including health care practitioners, family members, clergy, and others, with the purpose of reviewing ethical issues in difficult cases

etiquette

standards of behavior considered to be good manners among members of a profession as they function as individuals in society

protocol

a code prescribing correct behavior in a specific situation, such as a situation arising in a medical office

courtesy

the practice of good manners

compassion

the identification with and understanding of another's situation, feelings, and motives

common sense

sound practical judgment

critical thinking

the ability to think analytically, using fewer emotions and more rationality

needs-based motivation

the theory that human behavior is based on specific human needs that must often be met in a specific order (abraham maslow)

order in which "needs-based motivation" are met

1. the need for basic life (food and shelter)

2. the need for a safe and secure enviornment

3. the need to belong and to be loved

4. the need for esteem

5. the need for self-actualization (personal growth)

teleological or consequence-oriented theory

decision making theory that judges the rightness or wrongness based on the outcomes or predicted outcomes

utilitarianism

a consequence-oriented theory that states that decisions should be made by determining what results will produce the best outcome for the most people

principle of utility

used in utilitarianism; requires that the rule used in making a decision must bring about positive results when generalized to a wide variety of situations

duty-oriented theory

decision-making theory that states that the rightness or wrongness of the act depends on it's intrinsic nature and not the outcome of the act

categorial imperative

a rule that is considered universal law-binding on everyone and requiring action

autonomy

the capacity to be one's own person and make one's own decisions without being manipulated by external forces

beneficence

acts performed by a health care practitioner to help people stay healthy or recover from illness

confidentiality

keeping medical information strictly private

justice

providing to an individual what is his or her due

role fidelity

being faithful to the scope of the services for which you are licensed, certified, or registered

veracity

truth telling

virtue ethics

refers to the theory that people who have moral virtues will make the right decisions

nonmaleficence

the duty to do no harm

licensure

a mandatory credentialing process established by law, usually at the state level, that grants the right to practice certain skills and endeavors

certification

a voluntary credentialing process whereby applicants who meet specific requirements may receive a certificate

registration

a credentialing procedure whereby one's name is listed on a register as having paid a fee and/or met certain criteria within a profession

accreditation

official authorization or approval for conforming to a specified standard

reciprocity

the process by which a professional license obtained in one state may be accepted as valid in other states by prior agreement without reexamination

tertiary care settings

those care settings providing highly specialized services

endorsement

the process by which a license may be awarded based on individual credentials judged to meet licensing requirements in a new state

allopathic

means "different suffering" and refers to the medical philosophy that dictates training physicians to intervene in the disease process, through the use of drugs and surgery

medical practice acts

state laws written for the express purpose of governing the practice of medicine

medical boards

bodies established by the authority of each state's medical practice acts for the purpose of protecting the health, safety, and welfare of health care consumers through proper licensing and regulation of physicians and other health care practitioners

sole proprietorship

a form of medical practice management in which a physician practices alone, assuming all benefits and liabilities for the business

associate practice

a medical management system in which two or more physicians share office space and employees, but practice individually

partnership

a form of medical practice management system whereby two or more parties practice together under a written agreement specifying the rights, obligations, and responsibilities of each partner

corporation

a body formed and authorized by law to act as a single person

group practice

a medical management system in which three or more licensed physicians share the collective income, expenses, facilities, equipment, records, and personnel for the business

managed care

a system in which financing, administration, and delivery of health care are combined to provide medical services to subscribers for a prepaid fee

indemnity

a traditional form of health insurance that covers the insured against a potential loss of money from medical expenses resulting from an illness or accident

HMO (Health Maintenance Organization)

a health plan that combines coverage of health care costs and delivery of health care for a prepaid premium