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Law & Ethics
Vocabulary
Term | Definition |
---|---|
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 |