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law & ethics CH 4-6

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Question
Answer
liable   accountable under law  
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standard of care   level of performance expected from health care professional  
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duty of care   the legal obligations to treat patients and sometimes nonpatients  
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reasonable person standard   responsible for our actions or failure to act rationally  
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how can medical personal make sure to maintain patient privacy?   place records outside doors facing toward the door, don't display patient photos with any identifiable marks  
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confidentiality   holding information, not to be released to unauthorized people  
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privileged communication   information protected within a relationship such as a doctor and patient  
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when can confidentiality be waived?   for employment and that party pays the doctor's fees, records are subpoenaed, and waiver has been signed by patient  
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Malfeasance   totally wrongful act can be illegal  
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Misfeasance   legal act done badly/poorly  
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Nonfeasance   did not act when should have  
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In negligence you have to prove the 4D’s   Duty, Derelict(doing something wrong), Direct cause, and Damages  
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JCAHO   Joint Commission on Accreditation of Healthcare Organizations  
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Res Ipsa Loquitor   “the thing speaks for itself” common knowledge  
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damages   monetary awards sought by plaintiffs in lawsuits  
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wrongful death statutes   patient hurt and killed by medical personal, family members can sue  
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Summons and complaint   written notification you are being sued and list of complaints by number, pay attention to time frame if you don’t respond you automatically loose the law suit  
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Subpoena   when patient sues and they must sign waiver for release of information it will say exactly what patient wants done with records  
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Depositions   sworn testimony outside of the court usually in a lawyer’s office, trying to see how strong your case is and poke holes in it  
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interrogatory   written set of questions requiring written answers from a plaintiff or defendant under oath  
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Subpoena duces tecum   the person is required to come with the record in court  
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testimony   statements sworn to under oath  
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courtroom conduct   dress properly, answer only the questions you are asked as short as possible  
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Alternative Dispute Resolution (ADR)   techniques for resolving civil disputes without going to court, stuck with decision of mediator  
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what is the basis for most medical malpractice claims?   unintentional tort of negligence  
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when a patient sues a doctor for negligence, who has the burden of proof the plaintiff or the defendant?   plaintiff  
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types of damages   general compensatory, special compensatory, consequential, punitive, and nominal  
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general compensatory   violation of patient rights and dollar value need not be proved  
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special compensatory   losses not directly caused by the wrong and dollar loss must be proved  
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consequential   product defect and no limit on damages if personal injury  
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punitive   harsh punishment and amount of damages may be set by law  
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nominal   pateint wasnt hurt much and small token awarded  
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denial   defense that claims innocence of the charges  
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Doctrine of informed consent   risks, what if you do nothing, other options, why treatment needed  
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Defenses   denial, contributory, technical, affirmative (something else caused the issue)  
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who owns the medical records   the facility, give patient only copies  
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who owns the information in the medical records   the patient  
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how do you correct a patient record   patient must write letter, sign and state specifically what they want fixed, doctor makes sure mistake has been made,one line through bad information, put correction above, date and your initials  
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what to document   Cxx appointments (cancelled appointments), Missed appointments, Refills, and Treatment refusals  
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Statute of limitations   amount of time to bring a lawsuit to court  
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Public health statute   state laws about communicable disease patient have that you have to report to the state department  
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Doctrine of professional discretion   allows doctor to make judgment call to not release medical record to patient, usually people who are alcoholic, drug addict, mental problems  
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Emancipated minor   living away from home, self-supporting, married, or military  
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how long do you have to Retain medical records   10 years Medicare so most places do this for everything, most pediatricians keep indefinitely  
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To get rid of record   has to be destroyed so no one can ever read it like burning or shredding  
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Abortion laws   vary state by state  
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res judicata   "the things has been decided" claim cannot be retried if it has already been resolved  
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tails-coverage   option available to doctors from former carriers to continue coverage for dates claims-made was in effect  
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prior acts insurance coverage   supplement to claims-made that can be purchased from a new carrier when doctor changes carriers  
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self-insurance coverage   subscribers contribute to trust fund to pay for potential damage awards  
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the statue of limitations is the same or varies by state   varies  
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fiduciary duty   doctor's obligation to patients based on trust and confidence  
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precautions to follow for a fax   verify the phone number of receiving location, dont fax if others in room can view the material, dont leave unattended, dont discard without shredding, use fax cover sheet that states, "confidential: to addressee only. please return if recieved in error  
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those who must have agent to give consent   minors, mentally incompetent, and those who speak limited or no english  
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