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Law & Ethics

Law & Ethics Final SUMMER

a set of moral standards, not laws ethics
standards regulated by a governing authority laws
personal ethical concepts of right and wrong morals
ethical issues that have resulted from modern science, technology and research bioethics
who was the greek physician also termed the father of medicine, what did he write hippocrates, wrote the hippocratic oath, principles of ethics evolved from it
who wrote the first official code of ethics? thomas percival
who investigates complaints about physicians in a certain area? grievance committee
who owns the patient record, do they have to be sent out to another physician if requested? physician or medical facility owns it, and yes have to be sent out if requested by patient
what provides advanced directives? oral/written instructions for health care prior to becoming incapacitated DPAHC - durable power of attorney in health care
federal law requires medicare and medicaid patients receive info about what? advanced directives
what do you do if a physician dies and after reasonable effort, there is no place to send the patient records? store in medical storing facility for 5-7 years
what news/info is public domain? name, address, age, sex, marital status, employer, occupation, next of kin, parents names, diagnoses,prognosis
what info cannot be divulged without patients permission? xray findings, lab or autopsy reports
what does CEU stand for? continuing education unit
crime against an individual criminal law
crime between two individuals civil law
a violation of civil law tort
an act against an individual that results in a situation where there was no intent to injury negligence
performance of an improper action malfeasance
improper performance of an action that is approved misfeasance
failure to perform an approved action nonfeasance
when does the physician-patient relationship begin? at the time of the 1st appointment, after patient has paid
a. who can physician refuse to treat? b. what are the reasons? c. is notification necessary? what kind? d. how much a formal letter be sent? e. reasonable notice depends on what? f. if withdrawal not handled properly, physician can be charged with what? a. anyone b. non-payment or not following prescribed treatment c yes, formal letter d. certified mail e. age of patient, availability of another physician, severity of illness f. abandonment
guidelines that designate the limitations of your practice as a health care provider scope of practice
guidelines that designate how to perform your skills in your profession standard of care
4 types of ethical problems ethical distress, ethical dilemma, locus of authority, dilemma of justice
4 D's of negligence duty, derelict, direct cause, damages
the settlement of a dispute by an expert non-committed third party arbitration
what can provide a nonpartisan, non-committed physician with expertise in courtroom testimony? expert witness or testimony
court process is a term given to describe what litigation
permission to treat consent
what are the two types of consent? when would they be used? informed - in writing, used for surgery, treatments and research. implied - expressed or spoken, used in emergencies, taking BP, drawing blood
which consent must be witnessed? how? telephone consent must be witnessed 3 way
what information must be reported to a governing body, also called public duty communicable diseases, births/deaths, drug abuse, abuse, injuries by violence
a physician must renew their license and complete CEUs every how many years 3 years
what are state laws that govern: requirements for licensure; the grounds for suspension or revocation of license medical practice acts
what are some reasons a physician may be suspended or have their license revoked? convicted of felony, unprofessional conduct, incapacity
medical profession liability malpractice
what does OSHA stand for? ** ensures employed provide their workers with an environment free from recognized hazards ** Occupational Safety and Health Act of 1970
ADA stands for? **to eliminate discrimination against persons with disabilities** Americans with Disabilities Ace
what is IIHI? examples? Individually Identifiable Health Information - name, dob, ss#, email, date of treatment, MR#, birth certificate, drivers license, VIN, finger prints
what is PHI? *IIHI that is transmitted or maintained in electronic media or by any other medium* protected health information
what are patient rights under HIPAA? -request for further restriction, -request for alternative communication -file a complaint - access to information and right to copy -request to amend their health info - accounting disclosure
when can PHI be disclosed? -required by law, -public health authority -child abuse/neglect - victims of abuse - FDA - communicable disease - public safety
detailed document that gives covered entities permission to use PHI authorization
is it necessary to obtain consent / authorization for all disclosures? not for treatment, payment or health care operations
Notice of Privacy Practices must make a good faith effort to obtain written acknowledgement from patient, must be posted in clear place, must be kept for 6 years
Created by: a.adams