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med law final
| Question | Answer |
|---|---|
| jurisprudence | the science and stud of law |
| act | federal law |
| statue | a written law by the state |
| ordinance | city law |
| precedent | law that came from court actions |
| breach | don't abide by |
| malfeasance | the performance of an improper act |
| misfeasance | the improper performance of an action which is approved |
| nonfeasance | failure to perform an approved act |
| scope of practice | what you legally and ethically are allowed or not allowed to do as a medical assistant |
| standard of care | the quality of what you do and how you do your job |
| professional/medical etiquette | place a physician caller on hold and get your physician place a physician patient in open exam room or in the physician's office |
| criminal laws | act against the state or federal government: felonies, misdemeanors', treason |
| civil laws | are issues between two individuals: torts or contracts |
| tort | acts that harm someone else- personal and professional injuries; malpractice, breach of confidentiality and slander |
| duty | physician/patient contract exists |
| dereliction | physician did not perform their duty to the patient |
| direct cause | whatever the physician did to cause the injury |
| damages | injury occurred |
| liability laws | occur more frequently when there has been a breach in trust/communication between physician/office and patient |
| contract law | an agreement between two or more parties |
| contracts-valid and legal when it has four requirements | a. manifestation of assent-offer and acceptance b. legal subject matter-physician has a valid license to treat c. legal capacity to contract- of sound mind d. consideration- exchange of something of value $$ |
| the physician/patient relationship considered an implied consent contract is legal when | when all four contract requirements have been met |
| the obligation of the physician is | to treat with responsible care, using knowledge, skill and judgment, the physician may refuse any new patients |
| the obligation of the patient is to | tell the truth, pay for services, and follow the advice of the physician |
| respondant superior | M.A. is an agent of the physician, the physician is responsible as long as the m.a. within their scope of practice |
| a formal letter of withdrawal | is provided when the physician is wishing to terminate the patient; must be sent certified mail, must consider severity of illness, and must be another physician with in 50 miles otherwise dr will be charged with abondonment |
| letter of withdrawal must include | that care is being discontinued, copies of their chart sent to dr of choice upon request, that pt should seek the attention of another dr. asap |
| consent | permission to treat, can be withdrawn at anytime |
| implied consent | is provided by actions or behaviors or in life or death situations |
| informed consent | a formal process of getting written permission |
| emancipated minors | may give their own consent |
| mentally incompetent | consent given by legal guardian |
| litigation | a court room process |
| subpoena | a written document commanding a person to appear in court |
| arbitration | settling a dispute out of court with a 3rd party not connected to the case |
| medical practice acts | state laws determining what is acceptable and unacceptable in the practice of medicine |
| licensure is obtained by | examination-the state gives an exam to become liscensed reciprocity- the state recognizes another states examination process endorsement-the state recognizes the universities examination process: most common |
| CEU | continuing education credits are required of all professionals 50 credits every 3 yrs |
| confidentiality | cannot reveal info, unless required by law |
| public duty | physicians are required by law to report births, deaths, violent injuries, accidental/suspicious deaths, STD's, abuse |
| patient self-determination act of 1990 | requires that all adult patients receive info about advanced directives/living wills/durable power of attorney in healthcare |
| advanced directives | allow individuals to determine what level of treatment that want in the event they become incapacitated |
| good Samaritan law | provides immunity form liability |
| controlled substance act | regulates drugs classified as highly addictive and mandates regulations in an office practice; physician must have a DEA number in order to prescribe meds |
| occupational safety and health administration (OSHA)1970 and the blood borne pathogens standard (1991) | mandates that a workplace must be free of any hazard that might cause serious injury or death |
| American's with disability act | require public medical facilities to be safe and accessible for persons with disabilities |
| health insurance portability and accountability act (HIPPA) | -under the department of health and human services(HHS) for privacy questions -office of civil rights enforces the privacy rule and investigates privacy violations complaints |
| title II of HIPPA | guidelines for maintaining confidentiality of patient information by health care providers and insurance carriers -standardizing billing codes and electronic transmission of patient data |
| protected health information (PHI) | includes on information that is at rest (storage), in movement spoken or electronic, oral or written forms (paper charts) |
| individually identifiable health information (IHII) | includes name, address, dob, email address, dates of service, ss number, driver license number, serial numbers (pacemaker) -IIhi becomes phi when transmitted in oral, written or electronic media -IIHI must be removed from medical records b4 disposing o |
| authorization | a detailed document that gives covered entities permission to use PHI for specific purposes; should be requested b4 releasing or using IIHI unless required by law (subpoena) |
| incidental disclosure | -you may announce the pt by 1st mane in waiting room -patients may sign in, name only -speaking in the office, quietly to keep info safe -leaving general messaging |
| penalties for noncompliance | -civil penalties are imposed via the respondeat superior on employer -the po then begins the investigation if they have evidence of breach the Office of Civil Rights is contacted for a formal investigation |
| minimal necessary standard | requires the entities to limit disclosure to the minimum necessary to carry out patient care |
| patient rights | -request for further restriction -request for alternative communication -access to information and right to copy -request to amend -accounting disclosure -file a complaint |
| notice of privacy practices | a document that describes in plain language hoe the entity may use or disclose PHI, the duties to protect PHI, the patients rights including how to make a formal complaint and contact info |
| privacy rules safeguards | -all staff must be trained,-staff may be asked to sign a confidentiality agreement,-secure your computer,-back up computer data,- computer hard drive equip wiped ,-manage leased equipment with memory/ hard drives,-change passwords,-no personal use |
| hippocrates | a greek physician who wrote the "Oath of Hippocrates" aka the father of medicine |
| 3 general elements of ethics | -duty, rights, character traits |
| rights | a claim u make that you feel you are owed |
| character traits | a disposition to act a certain way |
| duty (2) | a perceived obligation |
| counsel of ethical and judicial affairs (CEJA) | physicians are not bound to abide by the opinions |
| allocation of health resources | who receives care when serving all is not possible (who gets vaccinations if there is a shortage) |
| physician assisted suicide | ama believes this interferes w/the fundamental purpose of being a dr. -to be a healer |
| withholding information from patients | ethically unacceptable to withhold info without th pt consent or knowledge |
| withholding or withdrawing life | prolonging treatment-unethical (DNR) durable power of attorney in health care(DPAHC) |
| ethical issues surrounding HIV | informed consent; public duty "sanitize" |
| gifts to physicians from industry | large gift should benefit pt |
| interprofessional relationships | M.A. obligated to notify dr. of errors, dr. only refer to competent dr.s , dr. free to choose whom they will service |
| confidentiality | cardinal rule of medical profession |
| news in the public domain | news that is considered part of public record, births, deaths, police cases |
| fees and charges | reasonable, never excessive; charging pt for interest, duplicating, filling out insurance forms, missed appts, considered ethica |
| fee splitting | unethical; accepting money from another physician solely for the referral |
| professional courtesy | treating other physicians and family w/o charge |
| ghost surgery | unethical- the substitution of another dr. w/o pt consent |
| substance abuse | unethical to practice under the influence |
Created by:
t4achange
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