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Module 1

Human Relations & Comm. 1 -- Chapter 3 (review)

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 Research, 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; Protects the health and safety of the general public; 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
Dereliction 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
Medical Law Addresses legal rights and obligations that affect patients and protect individual rights (ie: rights of health care employees)
Applied ethics Practical application -- methods to identify morally correct actions
Civil Law Private law that usually results in a payout/monetary compensation
3 questions to ask when deciding if something is ethical: Is it legal; is it balanced; how does it make you feel?
Grand Jury Decides if there is enough evidence to send to trial -- issues indictment
Trial Jury Determines innocence/guilt based on the evidence and testimonies
Examples of bioethical dilemmas: Stem cell research; abortion; playing God; medical advancements (things you might be opposed to based on personal, religious, ethical beliefs
Bioethics Moral issues and dilemmas that occur as a result of modern medical advancements
Relationship between Medical Law--Ethics--Bioethics Protect self, patient, employer -- also note that something may be unethical but not necessarily illegal
Arbitration Legally binding ruled upon by judge and cannot be brought back to court
Mediation Settling outside of court -- not legally binding
Constitutional law Addresses the relationship between individuals and their government (Amendments)
Statutory and Regulatory Law Laws passed by Legislative bodies, Congress or state
Doctor's defense against malpractice Affirmative defense (allows Dr. to present evidence) Denial defense (plaintiff must prove wrong doing) Expert witnesses (Dr. can bring professional witness to back up)
Created by: monkmaroni