Health Law & medical Ethics for Healthcare Professionals
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| accountability | being held responsible; being required to answer to a situation
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| actuarial tables | a comprehensive list of statistical data; used most often by insurance companies to determine illiness, disease, and accident projections
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| advance directives | any document that provides instructions for patient care that is made before he or she becomes incapacitated
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| altruism | concern for the welfare of others; an obligation to benefit others
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| anecephaly | a medical condition that occurs when the brain does not develop
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| apodictic | pertaining to an expression or statement of absolute certainty
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| applied ethics | a subcategory of ethics that uses ethical concepts and principles to reach an ethcal decision
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| arbitration | a process using a neutral, unbiased third party to make a final decision about a dispute
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| artificial insemination | the placement of sperm into the female reproductive system by means other than sexual intercourse
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| autonomy | being independant, making your own decisions, the right of self-governance
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| beliefs | what a person holds true, or rules that are followed that are not based on tangible proof
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| casuistry | a method of reasoning or legal analysis using conditions and results
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| certification | a credentialing process that confirms or guarantees that specific knowledge has been obtained ot that a person has proven proficiency in a task or skill or demonstrated expertise in a particular area
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| chattels | a person's belongings, other than land
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| civil law | law that covers the rights and remedies of individuals
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| clinical trail | a research process using humans to test medication, equiptment or procedures
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| cloning | a medical procedure that creates an exact duplicate of a living organism
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| code of ethics | written statements that detail the type of behavior a professional should strive toward when performing his or her professional duties
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| common law | law developed by judges through court decisions rather than a legislation
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| compliance | the adherence to a policy or rule
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| conflict | when opposing forces of incompatibility exsist at the same time or place
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| conscientious objector | a person who claims a right not to perform a specific action, usually for ethical or religious reasons
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| consequentialism | a decision-making process that uses the outcome to determine whether something is right or wrong
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| contract | an agreement between parties which the law will recognize
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| covered entity | an institution or group that is subject of a regulation or law
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| credentialing | validation of an individual's background and qualifications, or fullfillment of the requirements established by the organization granting the verification
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| cryonics | the freezing of humans at death for revival in the future
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| culture | a group of people that share common beliefs, traits, race, values, goals, or attitudes
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| damages | a qualified amount of money used to demonstrate a loss or injury to a person or property
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| defendant | the person accused of wrongdoing in a civil case; ot the person charged with a crime in criminal prosecutions
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| defensive medicine | the type of medical practice used by healthcare workers to protect themselves against potential lawsuits
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| de-identify | the process of removing any information form documents, or restricting electronic access to information, that a person is not authorized to recieve
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| deontology | the use of duty and rules to determine an outcome
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| deposition | the taking of testimony of a witness, under oath, by an attorney before a trial
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| dilemma | a problem for which all outcomes are either equal or all outcomes are undesirable
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| DNR | an order written by the physcian that indicates what medical treatments or procedures are not to be performed
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| double-blind | a research process where a test group and a control group are used and then compared
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| egoism | the use of individual self-intrest`
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| electroejaculation | a medical procedure whereby an electrical charge is applied to male reproductive organs to obtain a sperm sample
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| embryo | a fertilized ovum from 7 days after fertilization through 8 weeks gestation
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| endemic | a disease that is always present, to some degree, in a population or location
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| epidemic | the occurance of disease in greater numbers than expected, ot the development of disease in a shorter than normal time period
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| epidemiology | the study of the characteristics, determination, frequency and distribution of a disease
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| ethics | values that are used to determine moral conduct or beliefs
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| ethnic | a class or group of people that share a common race, nationality, culture, or religion
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| etiquette | the manner of behavior, determined by custom, that is used in social, official, or professional interactions
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| eugenics | the process of applying selective breeding to humans
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| euthanasia | the ending of a person's life either voluntarily or involuntary, by taking measures to end that person's life or not performing measures that would save the person's life
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| fertilization | conception; the uniting of a female gamete and male gamete
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| fetal reduction | a procedure used in multiple pregnancies where only a portion of the embryos are aborted
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| global burden of disease | the loss of health due to disease, injuries and risk factors
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| grief | bereavement; an emotional response to loss
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| healthcare proxy | a person designated to make medical decisions for someone who is incapacitated
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| heritage | attributes that are inherited or passed on from perviou generations
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| hospice | an ideology related to caring for patients and their family when facing the end of life
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| in vitro fertilization | the fertilization of an ovum outside of the womb
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| individual mandate | a clause in the PPACA that levies a fine against those who do not carry health insurance
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| insurance | the transfer of an obligation from one party to another; usually in exchange for a fee
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| interrogatories | a formal set of written questions provided to opposing parties in a lawsuit that help attorneys discover facts about the case
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| intestacy | the division of property by descent and distribution, for individuals who die without a will
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| isolation | the measures taken to prevent the spread of disease, either from patient to patient or from patient to healthcare worker
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| jurisprudence | the theory, philosophy, science or study of the law
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| jurisdiction | the authority provided to a court to preside over specific legal matters
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| law | standards of conduct or a sysytem of rules established by an authority
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| legal document | any writing that provides information or ideas that can be attributed to the author
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| libel | the communication of a false or defamatory ststement that is written or seen
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| licensure | a credentialing process where a person is granted the authority to perform particular tasks or skills, sfter demonstrating expertise
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| life expectancy | the average number of years a person is expected to live, based on diseases and mortality
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| lifetime dollar limits | the maximum amount of money an insurance company pays on an insurance policy over the course of a lifetime
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| limited data set | a document that has had some, or all, of the patient's private information removed
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| living will | a document detailing the situations and type of medical care a patient desires
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| malfeasance | the performance of an unlawful act through wrongdoing or misconduct
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| mediation | process of using a neutral party who gets the parties to work together to resolve their differences
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| medical examiner | a medical professional who's responsibility is to determine the cause of death and gather forensic evidence
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| medical practice acts | laws that a state has passed to determine the requirements for health care and healthcare professionals
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| meta-ethics | a subcategory of ethics that defines what ethics is and the contributing factors that define ethical principles
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| misfeasance | a lawful act, performed in a wrongful manner
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| mitigate | to lessen, make less severe or less intense
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| morals | the determination of right and wrong
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| nanomedicine | the use of molecular technology for healthcare purposes
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| negligence | when damages are caused by a breach of duty
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| neonate | a newborn from the time of birth until 1 year of age
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| nonfeasance | the failure to take action when action is required
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| normative ethics | a subcategory of ethics that defines how ethical decisions are made and the factors that contribute to ethical decision making
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| palliative | an approach to patient care where comfort measures and pain relief are provided instead of trying to cure a patient's disease or medical condition
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| pandemic | the occurance of disease in many different populations or geographical locations
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| parens patriae | Latin for "father of the people", a legal concept whereby the government takes on the role of parent
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| patriarchal | a society or group, usually of extended family, that is led by a dominant male
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| perjury | intentionally lying under oath; a criminal offense for making a knowingly false statement under oath
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| plaintiff | the party who brings a civil claim of wrongdoing against another party, or the government in criminal prosecutions
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| pluripotent | the ability to differentiate into many different layers of tissue
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| portability | the ability of something to be moved or transported from one place to another
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| precedence | a decision by a court made in the past that is used to determine the outcome of a current court case
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| premium | the amount of money a person pays for insurance coverage
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| privacy | something that belongs to or is intended only for an individual or particular group
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| privileged communication | statements made in private, during the existance of certain relationships, that cannot be used as evidence in civil or criminal trials
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| professional | a person who earns a living through the expertise of his or her work
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| protocol | the manner of behavior, determined by authority, that is used in socal, official, or professional interactions
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| quarantine | imposed isolation, most often used to contain individuals with highly contagious and/or deadly diseases
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| reasonable person standard | a legal standard used to determine whether the actions of a patry are warranted
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| reciprocity | the requirements established for the exchange of credentials from one state to another
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| religion | a set of beliefs, based on established doctrine, that typically involves worship, devotion, and the adherance to certain practices
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| respondeat superior | "let the master answer", a concept where the employer is responsible for the actions of its employees
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| robotics | the use of comuters and amchines to perform tasks, which often includes intelligence technology
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| shaman | a medical and spiritual advisor and mediator between the human world and spirit world
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| slander | the communication of a false or defamatory statement that is spoken or heard
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| socialized medicine | a healthcare system that is publicly financed and administered by the government
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| sovereign | having independant and supreme power and authority
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| standards of care | written requirements that detail the responsibilities a professional will be held accountable for in the performance of his or her duties
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| subpoena duces tecum | "bring with you inder penalty of punishment", a requirement that documents be delivered to a court or brought with you to court
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| surrogate | a woman who carries and gives birth to another person's child
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| talisman | an object, usually worn around neck, that is believed to contain spirits or mystical or supernatural powers
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| torts | the area of civil law that addresses the harms a person recieves, except for harms arising out of contract
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| upcoding | using an incorrect ICD or CPT code to gain a larger insurance payment
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| utiltarianism | providing the greatest good
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| values | the measurement of worth or importance
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| vicarious liability | liability without fault; a person is held legally responsible for the actions of others even though they themselves did nothing wrong
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| Legislative Branch | power to create laws
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| Executive Branch | power to execute laws
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| Judicial Branch | power to interpret laws
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| checks and balances | ensures that no one branch of government becomes more powerful thean the other two
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| felony | any crime that is punishable by serving more than one year in prison or jail
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| misdemeanor | a crime that is punishable by paying a fine and/or serving no more than one year in jail
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| Technical Skills | administering medications, assessing patients and their conditions, identifying instruments, operating equiptment, performing medical or surgical procedures, or taking and/or reading diagnostic images
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| People Skills | building the self-esteem of others, showing empathy for others, communicating effectively
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| scope of practice | the legal bounderies each profession is authorized by law to perform
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| EEOC | equal employment opportunity commission; fights workplace discrimination based on race, gender, age, disability, national origin, pregnancy, race, religion and sex
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| OSHA | occupational safety and health administeration;ensures that employers are providing a safe work enviroment for their employees and that the laws related to workplace safety are enforced
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| FMLA | family medical leave act; says employee can take up to 12 weeks of unpaid leave within one year of qualifying event without risk of losing their position
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| FLSA | fair labor standard act; set up requirements related to the minimum wage and how overtime is compensated
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| doctrine of professional discretion | allows a physcian to decide whether to release a patient's medical record or not; under the idea that having the information can be detrimental to patient safety and well-being with some patients
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| defamation | an intential false or defamatory statement about another person that results in damages
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| invasion of privacy | the intential prying or intruding into another person's privacy that causes damages
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| purpose of HIPAA's Privacy Rule | to assure that individuals' health information is properly protected while allowing the flow of health information needed to provide and promote high quality health care and to protect the public's health and well being
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| PHI | protected health information; names, addresses, all dates related to individual (DOB, telephone numbers, email addresses, SSN, account #'s, certificate or license #, web site addresses, biometric identifiers and photographic or computer images
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| HIPAA security rule | requires that appropriate administrative, physical and technical safeguards to ensure the confidentiality, intergrity and security of electronic protected health information
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| Assult | intentional threatening with physical harm
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| battery | physical harm of another causing damage
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| conversion | intentional taking of another person's chattels making it your own
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| false imprisonment | intentional confinement of a person aware of confinement
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| physical damages | relate to the physical injuries that the person sustained
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| mental/emotional damages | relate to some psycological harm that the person suffered because of the tort
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| financial damages | relates to the amount of money that has been lost as a result of the tort
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| res ipsa loquitur | "the thing itself speaks"; a legal theory whereby the mere occurance of an event infers causation
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| research | a process that is used to obtain new knowledge, usually based on scientific principles
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| res judicata | "a matter judge"
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| statute of limitations | sets a deadline for when a person can file a lawsuit
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| denial defense | like saying you did noting wrong; addresses a specific element of the law
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| assumption of risk defense | statement that the plaintiff assumed the risks involved (under informed decision and informed consent)
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| emergency defense | good samaritan law; covers a person who voluntarily renders assistance
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| protected relationships | doctor/patient, priest/penitent, attorney/client, husband/wife
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| virtue | the pursuit of moral excellence
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| vital statistics | the information gathered by government agencies related to births, marriages, divorces, and death that occur in a population
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| xenotransplantation | the use of animal tissue or organs in humans
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| yin yang | a belief in how opposites are related to and dependant on each other in all aspects of life
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| zygote | a single cell that is produced by the union of an ovum and spermatozoon
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| Purposes of medical record | manage healthcare, track, healthcare, provide clinical data, meet regulatory requirements, document healthcare
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| strict liability | owner is liable
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| product liability | manufacturer is liable for design defects, failure to warn or manufacturing defects
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| 4 D's of negligence | Duty, Derlection of Duty, Direct or proximate cause, Damages
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| Duty | responcibility to provide services
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| Derelection of Duty | failure to perform the duty
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| Direct or proximate cause | prove that the failure to perform duty caused injury
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| Damages | what injury was caused
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| rights-based ethics | based on moral entitlements
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| duty-based ethics | based on absolute moral rules
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| virtue-based ethics | based on the premise that as humans we aquire a quality that enables us to acheive rewards which result a result us being virtuous
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| principles that drive ethical behavior | beneficence, fidelity, gentleness, humility, justice, perservance, responsibility, sancity of life, tolerance, work
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Created by:
jabert1
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