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med law final

jurisprudence the science and stud of law
act federal law
statue a written law by the state
ordinance city law
precedent law that came from court actions
breach don't abide by
malfeasance the performance of an improper act
misfeasance the improper performance of an action which is approved
nonfeasance failure to perform an approved act
scope of practice what you legally and ethically are allowed or not allowed to do as a medical assistant
standard of care the quality of what you do and how you do your job
professional/medical etiquette place a physician caller on hold and get your physician place a physician patient in open exam room or in the physician's office
criminal laws act against the state or federal government: felonies, misdemeanors', treason
civil laws are issues between two individuals: torts or contracts
tort acts that harm someone else- personal and professional injuries; malpractice, breach of confidentiality and slander
duty physician/patient contract exists
dereliction physician did not perform their duty to the patient
direct cause whatever the physician did to cause the injury
damages injury occurred
liability laws occur more frequently when there has been a breach in trust/communication between physician/office and patient
contract law an agreement between two or more parties
contracts-valid and legal when it has four requirements a. manifestation of assent-offer and acceptance b. legal subject matter-physician has a valid license to treat c. legal capacity to contract- of sound mind d. consideration- exchange of something of value $$
the physician/patient relationship considered an implied consent contract is legal when when all four contract requirements have been met
the obligation of the physician is to treat with responsible care, using knowledge, skill and judgment, the physician may refuse any new patients
the obligation of the patient is to tell the truth, pay for services, and follow the advice of the physician
respondant superior M.A. is an agent of the physician, the physician is responsible as long as the m.a. within their scope of practice
a formal letter of withdrawal is provided when the physician is wishing to terminate the patient; must be sent certified mail, must consider severity of illness, and must be another physician with in 50 miles otherwise dr will be charged with abondonment
letter of withdrawal must include that care is being discontinued, copies of their chart sent to dr of choice upon request, that pt should seek the attention of another dr. asap
consent permission to treat, can be withdrawn at anytime
implied consent is provided by actions or behaviors or in life or death situations
informed consent a formal process of getting written permission
emancipated minors may give their own consent
mentally incompetent consent given by legal guardian
litigation a court room process
subpoena a written document commanding a person to appear in court
arbitration settling a dispute out of court with a 3rd party not connected to the case
medical practice acts state laws determining what is acceptable and unacceptable in the practice of medicine
licensure is obtained by examination-the state gives an exam to become liscensed reciprocity- the state recognizes another states examination process endorsement-the state recognizes the universities examination process: most common
CEU continuing education credits are required of all professionals 50 credits every 3 yrs
confidentiality cannot reveal info, unless required by law
public duty physicians are required by law to report births, deaths, violent injuries, accidental/suspicious deaths, STD's, abuse
patient self-determination act of 1990 requires that all adult patients receive info about advanced directives/living wills/durable power of attorney in healthcare
advanced directives allow individuals to determine what level of treatment that want in the event they become incapacitated
good Samaritan law provides immunity form liability
controlled substance act regulates drugs classified as highly addictive and mandates regulations in an office practice; physician must have a DEA number in order to prescribe meds
occupational safety and health administration (OSHA)1970 and the blood borne pathogens standard (1991) mandates that a workplace must be free of any hazard that might cause serious injury or death
American's with disability act require public medical facilities to be safe and accessible for persons with disabilities
health insurance portability and accountability act (HIPPA) -under the department of health and human services(HHS) for privacy questions -office of civil rights enforces the privacy rule and investigates privacy violations complaints
title II of HIPPA guidelines for maintaining confidentiality of patient information by health care providers and insurance carriers -standardizing billing codes and electronic transmission of patient data
protected health information (PHI) includes on information that is at rest (storage), in movement spoken or electronic, oral or written forms (paper charts)
individually identifiable health information (IHII) includes name, address, dob, email address, dates of service, ss number, driver license number, serial numbers (pacemaker) -IIhi becomes phi when transmitted in oral, written or electronic media -IIHI must be removed from medical records b4 disposing o
authorization a detailed document that gives covered entities permission to use PHI for specific purposes; should be requested b4 releasing or using IIHI unless required by law (subpoena)
incidental disclosure -you may announce the pt by 1st mane in waiting room -patients may sign in, name only -speaking in the office, quietly to keep info safe -leaving general messaging
penalties for noncompliance -civil penalties are imposed via the respondeat superior on employer -the po then begins the investigation if they have evidence of breach the Office of Civil Rights is contacted for a formal investigation
minimal necessary standard requires the entities to limit disclosure to the minimum necessary to carry out patient care
patient rights -request for further restriction -request for alternative communication -access to information and right to copy -request to amend -accounting disclosure -file a complaint
notice of privacy practices a document that describes in plain language hoe the entity may use or disclose PHI, the duties to protect PHI, the patients rights including how to make a formal complaint and contact info
privacy rules safeguards -all staff must be trained,-staff may be asked to sign a confidentiality agreement,-secure your computer,-back up computer data,- computer hard drive equip wiped ,-manage leased equipment with memory/ hard drives,-change passwords,-no personal use
hippocrates a greek physician who wrote the "Oath of Hippocrates" aka the father of medicine
3 general elements of ethics -duty, rights, character traits
rights a claim u make that you feel you are owed
character traits a disposition to act a certain way
duty (2) a perceived obligation
counsel of ethical and judicial affairs (CEJA) physicians are not bound to abide by the opinions
allocation of health resources who receives care when serving all is not possible (who gets vaccinations if there is a shortage)
physician assisted suicide ama believes this interferes w/the fundamental purpose of being a dr. -to be a healer
withholding information from patients ethically unacceptable to withhold info without th pt consent or knowledge
withholding or withdrawing life prolonging treatment-unethical (DNR) durable power of attorney in health care(DPAHC)
ethical issues surrounding HIV informed consent; public duty "sanitize"
gifts to physicians from industry large gift should benefit pt
interprofessional relationships M.A. obligated to notify dr. of errors, dr. only refer to competent dr.s , dr. free to choose whom they will service
confidentiality cardinal rule of medical profession
news in the public domain news that is considered part of public record, births, deaths, police cases
fees and charges reasonable, never excessive; charging pt for interest, duplicating, filling out insurance forms, missed appts, considered ethica
fee splitting unethical; accepting money from another physician solely for the referral
professional courtesy treating other physicians and family w/o charge
ghost surgery unethical- the substitution of another dr. w/o pt consent
substance abuse unethical to practice under the influence
Created by: Lakisha Gill Lakisha Gill