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Medical Law Final

75 questions

TermDefinition
Slander SPEAKING false and malicious words concerning another person that brings injury to his or her reputation.
Libel Any publication in print, writing, pictures, or signs that injures the reputation of another persons.
Prudent Person Rule Also called the responsible person standard, means the health care profession must provide the information that a prudent, reasonable person would want before making a decision about treatment or refusal of treatment.
Respondeat Superior Latin phase meaning: "Let the master answer." Means the employer is responsible for the actions of the employee.
Guardian Ad-Litem Court-appointed guardian to represent a minor or unborn child in litigation.
Tolled "Tolling" also known as running of the statute of limitations, means that time has expired.
Reciprocity The cooperation of one state in granting a license to practice medicine to a physician already licensed in another state. Reciprocity can be applied to other licensed professionals such as nurses and pharmacists.
Empathy The ability to understand the feelings of another person without actually experiencing the pain or distress that person is going through.
Sympathy Pity for someone else
Ethics The branch of philosophy relating to morals and moral principles.
What to do when called to testify? Tell the truth, be professional, remain calm, dignified and serious at all times, do not answer a question you don't understand, present facts surrounding the case, do not memorize your testimony ahead of time.
Reasons for Premature termination of a medical contract.. Party fails to comply with the terms of the agreement. (breach of contract) One of the parties doesn't keep their promise. Failure to follow instructions. Missed appointments, failure to pay for services, patient seeks care somewhere else.
Plantiff A person or group of people suing another person or group of people; the person who instigates the lawsuit.
Defendant A person or group of people sued civilly or prosecuted criminally in a court of law.
Misdemeanor Less serious offenses than felonies; punishable by fines or imprisonment of up to one year. These include traffic violations and disturbing the peace.
Tort A civil injury, or wrongful act, committed against another person or property that results in harm and is compensated in money damages.
Subpoena Court order for a person or documents to appear in court.
Felony A serious crime that carries a punishment of death or imprisonment for more than one year. Examples are murder, rape, robbery, and practicing medicine without a license.
Deposition Oral testimony that is made before a public officer of the court to be used in a lawsuit.
Good Samaritan Law State laws that help protect healthcare professionals and ordinary citizens from liability while giving emergency care to accident victims.
Fee Splitting An agreement to pay a fee to another physician or agency for the referral of patients; this is illegal in some states and is considered to be an unethical medical practice.
Medicare Federal program that provides healthcare coverage for persons over 65 years of age as well as for disabled persons or those who suffer kidney disease or other debilitating ailments.
Medicaid federal program implemented by the individual states, to provide financial assistance for the indigent.
Minor A person who has ot reached the age of maturity which in most states is 18.
Over-the-Counter Medications are medicines sold directly to a consumer without a prescription from a healthcare professional, as compared to prescription drugs, which may be sold only to consumers possessing a valid prescription (google)
Implied Consent An agreement that is made through inference by signs, inaction, or silence.
Nonfeasance The failure to perform an action when it is necessary.
Malfeasance Performing an illegal act.
Misfeasance The improper performance of an otherwise proper or lawful act.
Res ipsa Loquitur Latin Phase meaning "the things speaks for itself."
Res judicata Latin Phrase meaning "the thing has been decided."
Elder Abuse physical abuse, neglect, exploitation and abandonment.
Older American Act of 1987 Includes physical abuse, neglect, exploitation and abandonment of adults 60 years and older and is reportable in most states.
What happens when you violate the Controlled Substance Act? Criminal offense that can result in a fine, loss of license to practice medicine, and a jail sentence.
What is a reportable disease? diseases considered to be of great public health importance. Local, state, and national agencies require that these diseases be reported when they are diagnosed by doctors or laboratories.
Child abuse reporting-- who is protected? The person reporting a suspected case of child abuse is protected from civil and criminal liability unless that person is the abuser. however, failure to report a suspected case of child abuse may result in a charge of a misdemeanor.
Can hospitals require drug testing? YES. Under the Drug free workplace act, employers contracting to provide goods or services to the federal government must certify that they maintain a drug-free workplace.
Title VII of the civil Rights Act is a federal law that prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion. It generally applies to employers with 15 or more employees, including federal, state, and local governments
FMLA Family and Medical Leave Act. Allows both the mother and father to take a leave of absence for up to twelve weeks, in any twelve month period, when a baby is born.
How do you address patients (especially elders)? Mr/Mrs "last name"
Credibility Gap An apparent disparity between what is said or written and the actual facts
Subpoena Duces Tecus Latin Phrase meaning, "under penalty take with you;" a court order requiring a person to appear in court and to bring certain records or other material to a trial or deposition.
HIPAA Health Insurance Portability and Accountability Act of 1996Goal of the law is to make it easier for people to keep health insurance, protect the confidentiality and security of healthcare info and help the healthcare industry control administrative costs.
Euthanasia The administration of a lethal agent by another person to a patient for the purpose of relieving intolerable and incurable suffering.
Routine Genetic Testing Has become a standard at many hospitals for newborns. (?? needs more information)
Roe v. Wade Gave strength to the argument that a woman had a right to privacy over matters that related to her body, which included pregnancy, and abortion (24 weeks).
Safe Haven Laws Laws the Provide a safe alternative to leaving babies in unsafe places by voluntarily giving up custody.
Palliative Care Care for the terminally ill patients consisting of comfort measure and symptom control.
Passive Euthanasia allowing a patient to die by forgoing treatment.
Stages of death -- Dr. Kubler Ross 5 STAGES Denial, Anger, Bargaining, Depression, Acceptance.
Electroencephalogram Test measure brain activity.
Prudent Person Rule Also called the responsible person standard, means the health care profession must provide the information that a prudent, reasonable person would want before making a decision about treatment or refusal of treatment.
Created by: taylorlbaca