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Chapter 3
Human Relations
Question | Answer |
---|---|
Ethics | Branch of philosophy relating to moral standards |
Etiquette | A customary code of conduct, courtesy and manners |
Biomedicine | Advances in Medicine |
Examples of Biomedicine | Stem Cell Researcht, Life Support, Gene Therapy, IN-Vitro Fertilization |
Principle of autonomy | Right to make decisions about one’s own life |
Principle of Beneficence | Action of helping others and performing actions that result in benefit to another person |
Principle of Nonmalfeasance | “First Do No Harm” |
Distributive Justice | Principle by which a society or healthcare community decide to allocate resources that are in scarce supply. (Utilitarianism) |
Advanced directive | Making your wishes known in advance (in writing and verbally) |
Living Will | Document stating the desires of a person should he or she become incompetent because of injury or illness |
Durable Power of Attorney | Legal document establishing a person to make decisions for you |
Healthcare proxy or agent | A person elected to make decisions on behalf of another person in regards to healthcare |
Uniform Anatomical Gift Act | Right to choose Organ donation 18 Years and older |
Minor | A person under the age of 18 |
Mature Minor | A person judged to be mature enough to understand the MD’s Instructions. Such a minor seeking medical care for treatment of drug or alcohol abuse, contraception, STD’s and pregnancy. |
Emancipated Minor | Person between the age of 15-18 who is either married, in the military or court emancipated. |
Contract | A voluntary agreement between two parties with the intent of benefiting each other. |
Contract Law | Addresses breach and neglect of legally binding agreement between two parties |
Expressed Contract | An agreement entered into either orally or in writing, everything must be clearly stated |
Implied Contract | Agreement shown through inference by signs, inaction or silence |
Third party contract | Contracts with insurance companies and outside vendors |
Breach of Contract | Either party fails to comply with the terms of the agreement |
Abandonment | Withdrawing medical care from a patient without providing sufficient notice |
Boot Letter | Releasing patient from practice properly |
Fraud | An intentional perversion of the truth |
DEA | Drug Enforcement Agency |
FDA | Food and Drug Administration |
Medical Practice Acts | Statutes that govern the right to practice in a State Vary from State to State |
Medical Practice Acts | Protects the health and safety of the general public |
Medical Practice Acts | Specify the rules and regulations for license renewal, suspensions and revocation |
Good Samaritan Law | State laws that protect healthcare professionals and ordinary citizens from liability in case of an emergency |
Tort | A civil injury, wrong act, committed against another person or property that results in harm and is compensated in money damages |
Malpractice | Negligence by a professional |
Intentional Tort | intentionally or deliberately injured by another |
Unintentional Tort | such as negligence- occur when the patient is injured as a result if the healthcare professionals not exercising the ordinary standard of care |
Standard of Care | Ordinary skills and care that must be used by all medical practioners |
Malfeasance | Performing a wrongful or illegal act |
Misfeasance | Improperly performing an otherwise proper or lawful act |
Nonfeasance | Failure to perform a necessary action |
Contributory negligence | he patient has contributed to the injury |
4 D's of Health Professionals | Duty Dereliction Direct or proximate cause Damages |
Duty | The professional has a duty to the injured person |
Dereliciton | Professional failed to meet that duty |
Direct or Proximate Cause | Continuous sequence of events, unbroken by any intervening cause that produces injury would not have occurred |
Damages | Injuries caused by defendant (Health Care Professional) |
Special Compensation | Monies owed due to loss of income |
Discovery Rule | Begins when problem is discovered |
Statute of Limitations | Amount of time someone has to file lawsuit |
OSHA | Occupational Safety Health Administration -Guidelines for workplace safety |
CLIA | Clinical Laboratory Improvement Amendments -Regulates all laboratories and ensures proper protocol is being implemented |
Res ipsa loquitor- | "The thing speaks for itself" |
Respondeat Superior- | "Let the Master Answer" |
Subpoena Deuces Tecum | Under Penalty, Take with you" -Commands the doctor and the original medical record in court |
Subpoena | "Under Penalty" -Commands a witness to appear at a trial |
Res Judicata | The thing has been decided" -Decision already made by a judge/ binding |
Deposition | Oral or written testimony |
Damages | Injuries |
Common or Case Law | -Established from court decisions -Made by judges when they apply previous court decisions to a current case. -Dependent upon interpretation of previous laws |
Criminal Law | Classified as Felony or Misdemeanors Penalties are fines, imprisonment or both |
Administrative Law | Branch of public law-regulations set by government agencies |
Examples of Administrative Law | -Fraud -Health Department regulations -Licensing and supervision of controlled substances -Sets regulations against homicide, euthanasia, assault and battery |
Non compos mentis | not of sound mind |
Prognosis | Prediction of the course of a disease |
Assault | The immediate threat of bodily harm |
Battery | Bodily harm, unlawful touching |
Fraudulent | deceitful |
Indictment | A written charge presented to the court by grand jury against defendant |
Stare Decisis | "Let the decision stand" |
Assumption of Risk | A legal defense that prevents the plaintiff from recovering damages if the plaintiff voluntarily accepts the risk of activity (Consent Forms) |
Affirmative Defense | Allows the defendant (physician) to present evidence that the patients condition was the result of factors other than negligence |
Denial Defense | Plaintiff (injured) must prove the defendant (physician) did a wrongful, negligent act Jury must determine if the defendant caused the injury |
Libel | written defamation of character |
Arbitration | the use of an arbitrator usually a retired judge to settle a dispute outside of court |
Slander | spoken defamation of character |
Risk management | Identifying problem practices or behaviors, then taking action to control or eliminate them |
Expert testimony | Statement given concerning a scientific, technical, or professional matter by a person with authority regarding the matter, such as a physician |
Consent form | One-time signed document used to disclose personally identifiable health information for treatment, payment, or routine health care operations; not required by law |