Flashcards › Medical Law and Ethics Mid-Term Exam

What is law Rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority What is protocol A code prescribing correct behavior in a specific situation, such as a situation arising in a medical office What are moral values One's personal concept of right and wrong, formed through the influence of the family, culture and society What is the office policy manual used for for permanent records and as guidelines for employees What is bioethics A discipline dealing with the ethical implications of biological research methods and results, especially in medicine What is precedent Decisions made by judges in the various courts that become rule of law and apply to future cases, even though they were not enacted by a legislature; also known as case law Who is the plantiff in a lawsuit The person bringing charges in a lawsuit What is summary judgement A decision made by a court in a lawsuit in response to a motion that pleads there is no basis for a trial What is protocol A code prescribing correct behavior in a specific situation, such as a situation arising in a medical office What is 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 What is telemedicine Remote consultation by patients with physicians or other health professionals via telephone, closed-circut television, or the internet Name the doctorine where physicians are legally responsible for the negligent acts of their employees respondeat superior What is an associate practice A medical management system in which two or more physicians share office space and employees but practice indiviually Name the credential that is voluntary that usually has a national exam which shows a level of compentancy Certification Name the credential that is mandatory for certain health care professionals to practice in their field Licensure Who is the complaining party in a lawsuit Plantiff Describe civil law Does not involve crimes against the state, but involves wrongful acts against persons What is a tort A civil wrong committed against a person or property, excluding breach of contract What is involved in the charge of battery Bodily contact without permissions. Unauthorized touching of a patient, including suturing a wound, administering an injections without consent Name the highest law of our country Constitutional Law What is an executive order A rule or regulation issued by the President of the United States that becomes law without the prior approval of Congress What is a misdemeanor A crime punishable by fine or by imprisonment ina facility other than a prison for less than one year What are administrative laws Enabling statutes enacted to define powers and procedures when an angency is created What does it mean to charge someone with a crime When the government brings criminal charges against the alleged offender What is liability Accountable under the law What is awarded to the plantiff when a defendant is fount gulity of a tort Compensation-monetary compensation is called damages As employers, what do physicians have general liability for The practice's Building and Grounds, Automabiles, Employee Safety During a trial what is considered expert testimony When only experts in a particular field have the education, skills, knowledge and experience to testify Are health care workers obligated to safeguard a patients privacy yes, under HIPAA you have to What is nonfeasance The failure to act when one should What are the alternative dispute resolutions Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court What is misfeasance The performance of a lawful act in an illegal or improper manner What is assumption of risk A legal defense that holds that the defendand is not guilty of a negligent act because the plaintiff knew of and accepted beforehand any risks involved Describe the defense of denial A defense that claims innocence of the charges or that one or more of the four Ds of negligence are lacking Who is a tortfeasor The person guilty of committing a tort What is a statute of limitations That period of time established by state law during which a lawsuit may be filed What conditions constitute an emergency When the patient is in immediate danger What does it mean to release the tortfeasor A 3rd party is responsible for the injury, therefore physicians cannot be held responsible for any negligence that occured as a result of the injury What are the technical defenses Defense used in a lawsuit that are based on legal technicalities. Those that claim the statute of limitations has run out, there is insufficient evidence to support teh plaintiff's claim of negligence and the assertion that the plaintiff has no standing to sue What is contributory neglegent An affirmative defense that alleges that the plaintiff, through a lack of care, caused or contributed to his or her own injury Are medical records legal documents Yes, they serve as a legal document/record How would you correct a mistake on a legal document Drawing a single line through the mistake, writing in the correction, initialing and dating the correction Who owns the medical recrods The physical record is the property of the entity that created it, the content of the record is owned by the patient When can mecical information be released on a patient Only when the patient gives consent What is informed consent Requires the patient understands the proposed modes of treatment, why the treatment is necessary, risks involved in the proposed treatment, available alternative modes of treatment, risks of alternative treatment, risks involved if treatment is refused Is informed consent needed in emergencies No, not if the patient is in immediate danger What should be done with medical records when complying with a subpoena For medical mailpractice: verify information carefully, provide all records as redquried and remove medical records from established files. For other reasons: copy records and mail, keep an invoice for copies What are the Medical Practice Acts Apply specifically to the practice of medicine in a certain state; State laws written for the express purpose of governing the practice of medicine What criterial must be met for a physician to be granted a license Must have reached the age of majority, generally 21, must be of good moral character, must have completed required preliminary education- including graduation from an approved medical school, must have completed an approved residency program, must be a U.S. citizen or have filed a declaration of intent to become a citizen, must be a state resident, must have passed all examinations administered by the board of medical examiners or the board of registration Describe a managed care plan A system in which financing, administration, and delivery of health care are combined to provide medical services to subscribers for a prepaid fee. When does a physician not need a license to practice medicine in a particular state When responding to emergencies, while establishing state residency requirements in order to obtain a license, when employed by the U.S. Armed Forces, Public Health Service, Veterans Administration, or other federal facility, when engaged solely in research and not treating patients Describe a misdiagnosis An incorrect diagnosis What are statutes A law enacted by a legislator How can health care practitioners be charged with negligence Negligence is charged when a health care practitioner fails to exercise ordinary care and a patient is injuried What is the reasonable person standard Performing acts that a reasonable person would perform or a reasonable person would not commit Describe defense of denial A defense that claims innocence of the charges or that one or more of the four Ds of negligence are lacking What is a statutory period The time period (usually 8 weeks) within which a local planning authority is expected to make a decision on a planning application Defense where a defendent did no wrong Assumption of risk (?) Does request for information about patients from insurance companies neet to list specific data Yes Can patient's information be released to a 3rd party without written permission No What is the confidentiality of alcohol and drug, patient records A federal statute that protects patients with histories of substance abuse regarding the release of information about treatment