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Law & Ethics

Vocabulary

TermDefinition
Law The set of rules that govern our behavior
Criminal Law Prohibits and punishes certain conduct for the benefit of society
Crime An offense against a locale, a state, or the United States
Civil Law Concerns the private rights and duties of individuals who live within a society
Right An individual power, privilege, or immunity
Duty An individual obligation
Three levels of Government Federal, State, Local
Common Law A system of law developed on a case by case basis from court decisions.
Statutes Legislation passed by governing bodies on federal and state levels
Ordinances Legislation adopted by local legislative bodies
Certification Refers to a professional organization or institution representing that a certified person has passed a test, completed a course of study, or demonstrated knowledge or skill in some other way
Negligence Failing to meet a standard of reasonable care
Due Care the responsibility of a physician to hire qualified personnel and supervise the personnel accordingly
Vicarious Liability When one person is held responsible for the actions of another
Litigation The process of resolving disputes through the court system
Alternative Dispute Resolution (ADR) A process for resolving disputes outside the court system that may be used before or after litigation has begun.
Litigate To begin a legal process involving a court
Plaintiff The person who is suing
Defendant The person who is being sued
Deposition The taking of oral testimony under oath before trial
Jury Trial A trial in which the jury is the fact finder; the judge explains the law to the jury and supervises the presentation of evidence
Bench Trial A trial in which there's no jury; the judge serves as the fact-finder, weighs the evidence, and decides how the law applies to it
Burden of Proof What the plaintiffs are obligated to prove
Perjury False swearing under oath
Appeal During an appeal, the question is whether an error of law was made at the trial court level
Arbitration Two parties present evidence to an impartial person who makes a binding decision
Mediation Occurs when a neutral third person helps the parties in a dispute reach a settlement agreement
Defensive Medicine Consists of medical responses that are motivated by a desire to avoid potential liability claims more than by the needs of the patient
Malpractice Professional negligence
Expert Witnesses People who have skill, experience, training, or education in a specialized field that ordinary people don't have
Types of Malpractice Failure to diagnose; Failure to inform of diagnosis; Errors in treatment; Lack of informed consent
Informed Consent Refers to a patients' acceptance of treatment after the doctor properly informs the patient about the treatment
Battery The harmful touching of a patient without consent
Living Will A document that states the patient's wishes regarding being allowed to die a natural death if the patient is in a permanent vegetative state or a terminal condition and lacks the ability to make medical decisions
Product Liability The legal responsibility that a manufacturer or distributor of an unreasonable dangerous product has for damages caused by the dangerous condition
Contributory Negligence When a patient contributes to causing him/herself harm
Statutes of Limitations The time periods during which a lawsuit must be brought
Felony Any crime that's punishable by imprisonment of one year or more
Misdemeanor Any crime that's punishable by imprisonment for less than one year
Actus Reus Latin for "the guilty act," or the criminal act
Mens Rea Latin for "guilty mind," referring to the state of mind associated with the criminal act
Categories of Common Crimes 1. Crimes against a person (ex. murder) 2. Crimes against property (ex. theft) 3.Crimes against habitation (ex. burglary) 4. Sexual crimes 5. Crimes against morality, decency (ex. prostitution) 6. Crimes against government operations (ex. perjury)
False Claims Act Punishes those who knowingly engage in false billing; defines "knowingly" to include not only actual knowledge that the billing is false, but also deliberate ignorance of or reckless disregard for the truth or falsity of the information in the billing
Health Insurance Portability and Accountability Act (HIPPA) of 1996 Created important rules regarding safeguarding health information
Ethical Theories Attempt to systemize, defend, and recommend concepts of right and wrong behavior
Ethics vs. Laws While moral obligation focuses on an individual's conscience or on society's opinion on behavior, legal obligations are enforceable by the state's power without regard to an individual's conscience
Metaethics A branch of ethical theory that considers the origin and meaning of ethical principles
Normative Ethics Involves determining the moral standards that regulate right and wrong conduct; The three branches of normative ethics are virtue theory, duty theory, and consequentialist theory
Hippocratic Oath Oath taken by physicians and pertains to the ethical practice of medicine
Etiquette The proper form of social interaction in a given culture or community
Affordable Care Act (ACA) Signed into law by President Barack Obama in 2010; makes health insurance coverage mandatory
Formulary A list of approved drugs from which doctors must prescribe to have insurance cover the pharmaceuticals
Medical Tourism The practice of traveling to other countries for medical procedures due to lower costs
Pandemic An epidemic, or sudden outbreak, that becomes very widespread and affects a whole region, a continent, or the world
Patient Autonomy Requires that the patient give informed consent prior to the start of any medical treatment
Medical Paternalism Takes away patient autonomy and gives the power to medical personnel or the government for society's benefit
Uniform Anatomical Gift Act Authorizes gifts of the body or any part of the body
Non-natural methods of Conception Test-tube fertilization Artificial insemination
Eugenics A science that deals with "improving" hereditary qualities
Positive Eugenics Encourages reproduction by those considered genetically "superior"
Negative Eugenics Limits or discourages reproduction by those considered genetically inferior
Amniocentesis A medical test used to test DNA in amniotic fluid; allows physicians to identify genetic abnormalities before birth
Roe v. Wade In 1973, in a landmark decision regarding abortion, the U.S. Supreme Court in Roe v. Wade applied the right to privacy to abortion
Fetal Homicide Laws Laws that make causing the death of a fetus a crime separate and independent from any crime committed against the woman carrying the fetus.
Wrongful Birth A parent's claim against a doctor for damages caused by the birth of a child that occur when a doctor fails to detect and disclose a child's birth defects in time to permit abortion
Advance Medical Directives Instructions people may give concerning their wishes regarding medical treatment in the event they're unable to make those decisions for themselves (e.g; due to being unconscious or mentally incompetent)
Do-Not-Resuscitate (DNR) Order Prevents efforts to resuscitate those who have exhibited the signs of death; doesn't go into effect until the person is permanently unconscious without realistic hope of recovery
Durable Power of Attorney (DPA) Authorizes a person to make medical decisions for a patient when the patient is unable to do so
Assisted Suicide Occurs when a patient takes actions to terminate his/her life using means supplied by someone else
Euthanasia Occurs when a person takes action that causes the death of another person; sometimes called "mercy killing."
Virtue Theory Pertains to the character of a person as displayed by the virtues that he or she possesses
Duty Theory Pertains to a person's obligations from the standpoint of morality
Consequentialist Theory Based on the consequences of people's actions based on their own ethics and morals
Demonstrative Evidence Something that helps illustrate a witnesses' testimony, such as a map, chart, photograph, x-ray, videotape, movie, sound recording or model
Competent Evidence Evidence the court should accept into proof
Hearsay Evidence in which witnesses aren't telling what they know personally, but rather what others have said to them
Doctor-Patient Privilege A relationship in which a patient's medical history, conditions, and related information can't be made known without that patient's permission
Subpoena A command issued by the court
Medical Record A document that contain's a patient's history, condition, diagnostic and therapeutic treatment, and the results of treatment
Author of a Medical Record The medical provider who has created the data that appear in the record
Authentication The confirmation of the content in a medical record; must be performed by the person who creates the data
Age of Majority When a person becomes an adult
Certificate of Destruction Documents that records were properly destroyed in the ordinary course of business
Informed Consent A process of communication between a doctor and a patient in which the doctor explains the factors involved in a recommended medical process
Substituted Consent An authorized person makes a decision for a person who is unable to do so
Freedom of Information Act (FOIA) A federal law intended to provide access to government records
Privacy Act of 1974 Prohibits disclosure of certain medical information by government agencies unless the patient gives written consent
Legal Basis for Confidentiality The right of privacy derived from the constitution, statutes, and the common law
Three Groups to which HIPPA Regulations Apply 1. Healthcare Providers 2. Health Plans 3. Healthcare Clearinghouses
Protected Health Information (PHI) Any individually identifiable health information
Identifiable Information Data about a specific person
De-Identified Information Information stripped of data that may identify an individual
Limited Data Set Middle ground between identifiable and de-identified information (for example, geographic data; dates relating to an individual; unique identifying numbers, characteristics, or codes other than those listed under individual indentifiers)
Treatment The provision of healthcare and related services
Payment The activities of healthcare providers to obtain payment for services and a health plan to obtain premiums, to fulfill their coverage responsibilities, and provide benefits under the plan, and to obtain or provide reimbursement for service
Healthcare Operations Certain administrative, legal, and quality improvement activities of a covered entity that are necessary to run its business and to support the core functions of treatment and payment
Occupational Health and Safety Administration (OSHA) Responsible for enforcing safety rules in the workplace
Whistleblower An employee who informs OSHA of illegal activity
Mutual Consent Registry One method many states use to arrange the consents required for the release of identifying information related to adoptions
Substance Abuse Refers to the excessive use (or abuse) of alcohol or drugs
Genetic Information Nondiscrimination Act Adopted in 2008; designed to prevent the discriminatory use of genetic information by employers and insurers
Centers for Disease Control and Prevention (CDC) Serves as the national focus for developing and applying disease prevention and control, environmental health, and education activities designed to improve the health of the people of the United States
Enzyme Immunoassay (EIA) The most common screening test used to look for HIV antibodies
Consumer-Controlled Test Kits popularly known as home testing kits, first licensed in 1997; used to collect a blood sample to send to a licensed laboratory for testing
Ways to Transmit HIV/AIDS Virus Transmitted in 4 common ways: 1. High-risk sexual contact 2. Injection drug use 3. Transmission from mother to child around time of birth 4. Blood transfusions and other unknown causes
Routine HIV Testing The CDC has recommended routine HIV testing for all Americans between 13 and 64 as a regular part of their healthcare
Risk Management Identifies areas of risk to medical service providers
Loss Prevention A planned, systematic and proactive process; in the areas of healthcare, providers such as hospitals identify those activities , problems and situations that may result in possible liability for the hospital, its employees, physicians, and other providers
Loss Reduction The steps taken after an event or incident occurs
Incident Report Proper documentation of adverse incidents that occur during the treatment of a patient
Peer Review Committees Consists of health professionals who monitor the quality and use of healthcare services
Biometrics technologies that identify people through bodily characteristics, such as fingerprints, retinal patterns, and voice patterns
Uses of Biometrics 1. To identify a patient 2. To simplify secure access to records
Medical Records Custodian Should know the hardware, software, procedures for data entry to lay a foundation to admit medical records
Ways to Reduce Security Breaches of Medical Records 1. Use good passwords, change frequently and don't share them 2. Use biometrics instead of passwords 3. Reduce unnecessary access to records with levels of access 4. Train employees in safe practices 5. Install antivirus 6. Create back-ups for files
Created by: Steph_Matt
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