Legal and Ethical Principles in Medical Practice

This set of flashcards covers key legal and ethical terms relevant to medical practice, facilitating understanding and retention for exam preparation.

affirmative defenses

Defenses used by defendants in medical professional liability suits that allow the accused to present factual evidence that the patient's condition was caused by some factor other than the defendant's negligence.

contributory negligence

An affirmative defense that alleges that the plaintiff, through a lack of care, caused or contributed to the injury.

comparative negligence

An affirmative defense claimed by the defendant, alleging that the plaintiff contributed to the injury by a certain degree.

assumption of risk

A legal defense that holds that the defendant is not guilty of a negligent act because the plaintiff knew of and accepted beforehand any risks involved.

emergency defense

A type of affirmative defense in which the person who comes to the aid of someone in an emergency is not held liable under certain circumstances.

technical defenses

Defenses used in a lawsuit that are based on legal technicalities.

release of tortfeasor

A technical defense that prohibits a lawsuit against the person who caused an injury (the tortfeasor) if the person was expressly released from further liability in the settlement of a suit.

res judicata

'The thing has been decided.' Legal principle that a claim cannot be retried between the same parties if it has already been legally resolved.

statute of limitations

The period of time established by state law during which a lawsuit may be filed.

risk management

The taking of steps to minimize danger, hazard, and liability.

quality improvement (QI)

A program of measures taken by health care providers and practitioners to uphold the quality of patient care.

liability insurance

Contract coverage for potential damages incurred as a result of a negligent act.

claims-made insurance

A type of liability insurance that covers the insured only for those claims made while the policy is in force.

occurrence insurance

A type of liability insurance that covers the insured for any claims arising from an incident that occurred while the policy is in force.

tail coverage

An insurance coverage option that extends coverage for malpractice claims arising during the period when a claims-made policy was in effect.

prior acts insurance coverage

A supplement to a claims-made policy, available when changing insurance carriers.

self-insurance coverage

An option where insured subscribers contribute to a trust fund to pay potential damage awards.

Hippocratic oath

A pledge for physicians influenced by the practices of the Greek physician Hippocrates.

bioethics

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

medical ethicist

Specialists who consult to help make difficult ethical decisions regarding patient care.

ethics committee

A committee of individuals involved in patient care, reviewing ethical issues in difficult cases.

etiquette

Standards of behavior considered to be good manners within a profession.

protocol

A code prescribing correct behavior in specific situations.

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 rationality over emotion.

needs-based motivation

The theory that human behavior is based on specific human needs that must be met in a specific order.

utilitarianism

A consequence-oriented theory stating that decisions should produce the best outcome for the most people.

deontological theory

A decision-making theory focusing on the intrinsic nature of the act rather than the outcome.

virtuous ethics

Refers to the theory that individuals with moral virtues will make the right decisions.