Legal and Ethical Issues (CCMA)

Acceptance

Agreeing verbally or in writing to the terms of a contract, which is one of the requirements of an enforceable contract

Advance directives

A living will, stating the patient’s wishes regarding end-of-life care

Affordable Care Act (2010)

Law that aims to make health insurance more affordable and accessible to Americans by expanding Medicaid, creating health insurance marketplaces, and implementing consumer protections, such as preventing insurance companies from denying coverage based on pre-existing conditions

Agent

One that acts or has the power or authority to act for another

Americans with Disabilities Act Amendments Act (ADAAA)

Amendment of the original ADA that makes it easier for people with disabilities to be protected by the law by broadening the definition of disability

Arbitration

A private, judicial determination of a dispute and an alternative to litigation; generally just as final and binding as litigation

Autonomy

Independence or freedom of an individual’s will; the right to choose

Beneficence

Doing good for another

Capacity

Having the mental competency to make health care decisions or execute a will; understanding the nature of the decision and being aware of potential risks

Common law

A type of legal system where the rules and decisions come mostly from past court cases and judicial decisions, rather than just written laws made by the government

Compensatory damages

Damages recovered in payment for injury or economic loss, which does not include punitive damages

Defendant

The party sued in a civil lawsuit or the party charged with a crime in a criminal prosecution

Deposition

A legal process where a person answers questions under oath outside of the courtroom as part of a lawsuit or investigation, usually before a trial

Distributive justice

The principle by which we as a society decide to allocate resources that are in scarce supply

Durable power of attorney

A legal document that allows a patient to choose someone to make medical decisions for them if they are unable to do so themself

Ethics

Rules of conduct based on ideas about what is morally good and bad

Express consent

Direct communication of consent, usually through signing papers

Extrinsic

Motivation coming from factors outside of an individual

Felony

Crime sufficiently serious to be punishable by death or a term in federal or state prison

Genetic Information Nondiscrimination Act

Act that prohibits discrimination in group health coverage based on genetic information

Guardian

A person who has been appointed by a judge to take care of a minor child or incompetent adult personally and/or manage that person’s affairs

Gross negligence

Carelessness to the point of reckless disregard for the safety or lives of others, and so great it appears to be a conscious violation of other people’s right to safety. Not intentionally evil, but more than a simple mistake

Health Insurance Portability and Accountability Act (HIPAA)

Act that affords certain protections to persons covered by healthcare plans, including continuity of coverage when changing jobs and privacy safeguards for individually identifiable patient information

HIPAA Privacy Rule

Provides federal protections for personal health information held by covered entities and gives patients an array of rights with respect to that information

HIPAA Security Rule

Establishes national standards to protect individuals’ electronic personal health information that is created, received, and used or maintained by a covered entity

Implied consent

Law that assumes that an unconscious patient would consent to emergency care if they were conscious and able to consent

Informed consent

Agreement to do something or allow something to happen only after all the relevant facts are known

Intrinsic

Motivation coming from within an individual

Jurisdiction

The authority given by law to a court to try cases and rule on legal matters within a particular geographic area and/or over certain types of legal cases

Libel

Written defamation

Living will

A document, written in advance, that states the patient’s wishes regarding end-of-life care

Locum tenes

A physician who temporarily substitutes for another

Mature minor

A minor with deemed mature enough to provide consent for their own treatment

Mediation

A type of dispute resolution where two parties meet with a neutral third party who helps litigants understand each other’s viewpoints and facilitates the negotiation of a voluntary resolution to the case

Medical malpractice

An act or continuing conduct of a physician or hospital that does not meet the standard of professional competence and results in proven damages to a patient

Misdemeanor

A lesser crime than a felony, punishable by a fine and/or county jail time for up to one year

Neglect

The failure or refusal of a caregiver to provide for one’s basic physical, emotional, or social needs

Negligence

Guilty of neglect; lacking in due care or concern; act of carelessness

Non-maleficence

The obligation of a physician to do no harm

Offer

A specific proposal to enter into an agreement with another, an essential component of an enforceable contract

Organizational ethics

The standards by which an organization will hold itself accountable to proper conduct

Patient Self-Determination Act

Act that requires any healthcare provider accepting Medicare or Medicaid to inform the patient of their right to accept or refuse treatment, their rights regarding advance directives under state law, and of any hospital or provider policies regarding withholding or withdrawing life-sustaining equipment

Plaintiff

The party that initiates a lawsuit

Power of attorney

A legal document authorizing a person to act as another’s attorney, legal representative, or agent

Preponderance of the evidence

The standard of proof used in civil court cases that states that the side with the most convincing evidence wins

Privileged communications

Private conversations or information shared between individuals in a protected relationship (such as doctor-patient) which cannot be disclosed in court without the consent of the person who holds the privilege

Professional ethics

A framework of evaluating conduct applicable to members of a given profession

Prosecution

In criminal law, the attorney charging and trying the case against a person accused of a crime

Punitive damages

Damages awarded in a lawsuit as a punishment and example to others for malicious, evil, or fraudulent acts

Red ipsa loquitur

Situations in medical malpractice lawsuits where negligence is so obvious that it can be inferred without direct evidence (ie: the incident could not have occurred without someone’s negligence)

Risk management

Clinical and administrative activities undertaken to identify, evaluate, and reduce the risk of injury to patients, staff, and visitors and the risk of loss to the organization itself

Respondeat superior

Holds employers (ie: hospital) accountable for the actions of its employees (ie: doctors, nurses, MAs) if the act was performed during work duties

Slander

Spoken defamation

Standard of care

The watchfulness, attention, caution, and prudence that a reasonable person in the circumstances would exercise

Standard of proof

The level of certainty and evidence the plaintiff must meet in presenting their case (preponderance of the evidence or beyond a reasonable doubt)

Statute

An enacted federal or state law

Statute of limitations law

A law that sets a time limit for filing a legal claim, which protects defendants from being sued after too much time has passed

Subpoena duces tecum

A type of legal order that requires a person to bring evidence or records (ie: a hospital receives a legal order demanding a patient’s medical records for a lawsuit)

Supremacy clause

States that federal law takes precedence over state law, which takes precedene over local law

Tort

A civil wrongdoing, not a crime

Uniform Anatomical Gift Act

A template designed to standardize the rules for organ and tissue donation in the U.S., adopted in some form by all states

Vicariously liable

Responsibility of one person for another person’s actions or omissions, usually because of a special relationship with them

Wrongful death

The death of a human being as a result of a wrongdoing of another person