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Health Law & Ethics

Health Law & medical Ethics for Healthcare Professionals

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