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Law & Ethics
Law & Ethics Final SUMMER
| Question | Answer |
|---|---|
| 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
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