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MidTerm Chapter 6,7

medical law and ethics

Respondeat Superior Physician/employer also assumes responsibility for employees threw this doctrine.
Fact While most cases reflect legal actions against physician, all people working in the medical profession can be sued.
Malpractice Professional misconduct or demonstration of an unreasonable lack or skill with the result of injury, loss, or damage to the patient.
Negligence Which is often an unintentional action, occurs when a person either performs or fails to perform an action that is reasonable professional person would or would not have to perform in a similar situation.
Med Tip When a person is injured they sue under tort law('A wrongful act against another person") the unintentional tort of negligence is the most often cause of lawsuits for healthcare professionals.
Fact A jury in a negligence trial would have to determine if a reasonable professional person would have done the same action.
Fact Malpractice is the wrongdoing or negligence committed by professional person, such as a medical professional.
The Tort Of Negligence Both actions and inaction's (omissions) can be considered negligence,Failure to provide clear instructions regarding tx or a medications use is an omission that can result in a disastrous outcome for the pt.
Malfeasance refers to performing wrong and illegal act. also out of there scope
Misfeasance The improper performance of an otherwise proper or lawful act. Within there scope but the wrong way.
Misfeasance The failure to perform a necessary action. Same as mission there not doing there job at all.
The four D's of Negligence In order to obtain a judgment for negligence against a physician (defendant) the patient (plaintiff) must be able to show all four of the D's, Duty,Dereliction of duty,Direct and Proximate cause cause and damages.
The D's - Duty Takes place when there is an obligation established between the physician and the patient.
The D's -Dereliction of duty The physician or health care provider failed to provide a correct standard of care to the pt and therefore,has not met the duty.
The D's -Direct or proximate cause The dereliction or breach of duty was the direct cause of the pt;s injury.
The D's -Damages Caused by the defendant for which compensation (financial or otherwise) is due.
Res Ipsa Loquitur Meaning "the thing speaks for itself", applies to the law of negligence. This doctrine tells us that the breach(neglect) of duty is so obvious that it doesn't need further explanation it "speaks for itself"
Defendant Physician or agent
Compensatory Damages Are payments for the actual loss of income,emotional pain and suffering, or injury suffering by the pt.there are past current and future.
Punitive Damages Also called exemplary damages, Its purpose is to serve punishment to the offender and a warning to others not to engage in malicious behavior.
Nominal Damages Refer to slght or token payment to a pt to demonstrate that while there may not have been any physician harm don, the pts right were violated the award can be one dollar.
Wrongful-Death Statutes If the pt's death has been caused by the physician's negligence, the deceased person's dependent and heirs may sue for wrongful death.
Fraud Is the deliberate concealment of the facts from another person for unlawful or unfair gain, Fraud is illegal,unethical and immoral.
Violation and Statutes Every medical provider should be familiar with statues that affect their particular discipline. A board that has rules and regulations.
Immunity for charitable organization In the past under common law tort immunity was granted to all charitable on the theory that the charity was only working for the public of the good, but its reject in almost all states.
Affirmative Defense After the pt case has been presented, the defendant can put forward a defense,which allows the defendant (usually hospitals and hospital) to present evidenc3 that the pt's condition was the result of factors other than the defendant negligence.
Assumption Of Risk Isthe legal defense that prevents a plaintiff from recovering damages if the plaintiff voluntarily accepts a risk associated with the activity. -informed consent cannot sue doc.
Contributory Negligence Refers to conduct on the part of the plaintiffs that is a contributing cause of an injury.If it is determind that the pt was fully,or in part,at fault for the injury,the pt may be barred from recovering monetary damages,depending on the state damages.
Comparative Negligence Recovery of payment and pt recovers nothing.
Res Judicata 'The thing has been decided' or 'a matter decided by judgment", Cant sue the same case again for the same error.
Promise to cure Always use caution when speaking to a guest, never promise a pt there going to be okay.
Law of Agency Governs the legal relationship formed between two people when one person agrees to perform work for another person.
Altered Medical Records The Federal Rules of Evidence allows medical records into courts as evidence under the uniform business records act.
Settlement An agreement between both parties outside the courtroom, may result in a payment or other form os satisfaction
Liability Insurance A contract which one person promises to compensate or reimburse another if they suffer a loss from a specific cause or a negligent act., to protect from being sued from pts most physician carry..
Two major types of liability are? Claims-made insurance and Occurrence Insurance
Claims-made Insurance Covers the insured party for only the claims made during the time period which is within the year.
Occurrence Insured Covers the insured party for all injuries and incidents that occurred while the policy was in effect.
Malpractice Insurance Physicians carry malpractice insurance to cover damages they must pay if they are sued for malpractice and lose and protects anybody that s out of there license board.
Defensive Medicine That more and more tests and procedures will be ordered for such pt to order a lawsuit.
Vital Statistics Important events or VS in a persons life,such as birth and deaths are used by the government,public health agencies, and other institutions to determine population trends and needs
Mortality Rate Also called the death rate, is the ratio of the number of deaths to total population in a given location.
Morbidity Rate Is the number of sick people or cases of disease in relationship to a specific population
Public Duties The physician duty is to report these events the duty owed the public these duties include, births,stillbirths,deaths,knife wound,animal bites,disease,drug abuse,rape,gunshot,abuse of children,elders,spouse.marriage divorces.
Data Facts,Figures and statistics represents information about the individual pts life.
Births A physician must sign the certificate of live birth, for a hospital birth the certificate is filed by the hospital at the county clerk's office in the stae which the birth took place, always must report certain diseases in newborns.
Deaths Physicians sign a certificate indicating the cause of the natural death, the physician must include in the certification,-The date and time of death -the cause of death,injures,complications -How long the deceased person was treated for the decease .
Communicable Diseases physicians must report all diseases that can be transmitted from one person to another and are considered a general threat to the public.
Communicable Diseases report should include? -Name,address,age,and occupation of the pt -Name of the disease or suspected disease -date on onset of the disease -name of person issuing the report
The National Childhood Vaccine Injury Act passed by congress in 1986 reqiures a physician or health care administration to report all vaccine administration and adverse reactions to vaccines and toxiods
Required Children Vaccine DPT MMR polio virus vaccine live HBV Tuberculosis test
The child abuse prevention and treatment act of 1974 Requires reporting of all child abuse cases,to brgin to investigate questions of neglect and child abuse the state must have probable cause, which is a reasonable belief that something improper has happened.
Elder Abuse Elder abuse is defined in the amendment to the older American act 1987
Food and Drug Administration FDA An agency within department of health and human services,ultimately enforces drug prescription and over the counter sales and distribution,The FDA came into existence with the passage of food,drug 7 cosmetic act of 1938.
Created by: Loury