CMA- Module 1- ch 3: Legal and Ethical Issues

What is the definition of law?

A system of rules enforced through institutions recognized as having authority.

Who makes federal law in the United States?

Congress; its laws apply to everyone nationwide.

Who makes state law?

State legislatures; they apply within the state and may sometimes conflict with federal law.

What do local governments create to govern conduct?

Resolutions or ordinances that apply within their jurisdictions.

What is common law?

Law derived from court decisions, also called case law or the law of precedent.

How does criminal law differ from civil law?

Criminal law punishes acts prohibited by statute; civil law governs private conduct and non-criminal rights.

What is a tort?

A civil wrong; from the Latin 'tortum,' meaning wrong.

What are the two main types of torts?

Intentional and unintentional.

What are examples of intentional torts?

Slander, libel, trespass, and intentional infliction of emotional distress.

What is negligence?

Unintentional failure to exercise reasonable care, resulting in harm to another.

List the four elements of negligence.

(1) Duty of care; (2) Breach of duty; (3) Harm suffered; (4) Causation.

What is professional negligence called in medicine?

Malpractice.

List the six elements required to prove medical malpractice.

Provider-patient relationship, duty, standard of care, breach, injury, and causation.

What is medical professional liability insurance?

Insurance that protects licensed health professionals against claims from alleged wrongful practices.

What is risk management?

Identifying and minimizing exposure to financial or legal loss through proper policies and procedures.

What type of relationship exists between doctor and patient?

A contractual relationship.

What are the two types of contracts?

Express (clearly stated) and implied (agreed by conduct).

What is consent?

Permission granted by a patient before receiving medical treatment.

What is a durable power of attorney?

A document authorizing another person to make medical decisions for the patient.

What is a living will?

A written statement of a patient’s medical wishes that does not designate a decision-maker.

Name several major laws affecting medical offices.

ACA, HIPAA, Good Samaritan Act, ADA, UAGA, and GINA.

What is the purpose of the Patient Self-Determination Act?

To inform patients of their rights to accept or refuse treatment and to establish advance directives.

What is autonomy in medical ethics?

The right of a patient to make decisions about their own health.

What is beneficence?

The obligation to act in the best interest of others.

What is distributive justice?

The fair allocation of scarce medical resources.

Define ethics.

Rules of conduct based on right and wrong; distinct from law.

Define morals.

Principles or standards distinguishing right from wrong behavior.

What is an ethical dilemma?

A situation where no clear right or wrong answer exists.

What does professional ethics refer to?

Codes of behavior and standards established by professional organizations.

Which organization publishes the Code of Medical Ethics for physicians?

The American Medical Association (AMA).

What professional codes apply to medical assistants?

AAMA, AMT, NHA, and AAPC codes of ethics and conduct.

What does organizational ethics represent?

The values guiding how an organization conducts business.

Why must medical assistants act within their scope of practice?

To stay compliant with state laws and professional regulations.

What does HIPAA protect?

The privacy and security of patients’ medical information.

What are the MA’s responsibilities regarding cultural diversity?

Provide equal care to all patients and respect cultural differences.

List key intercultural communication skills.

Withhold judgment, show respect, empathize, tolerate ambiguity, recognize biases, and emphasize common ground.

What is the Good Samaritan Act?

A law protecting providers who offer emergency aid from liability.

What is the Americans with Disabilities Act (ADA)?

Law prohibiting discrimination based on disability.

What is the Uniform Anatomical Gift Act (UAGA)?

Law governing organ and tissue donation.

What is the Genetic Information Nondiscrimination Act (GINA)?

Protects individuals from discrimination based on genetic information.

What does the term 'scope of practice' mean?

The legal limits defining what tasks a medical assistant may perform under supervision.

Why must personal ethics align with professional standards?

Because professional conduct must meet the ethical expectations of the profession and employer.

What is bioethics concerned with?

Ethical issues related to life, health, and biotechnology, such as abortion, euthanasia, and organ transplantation.