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Unit 3, Chapter 6
Legal Consideration
Term | Definition |
---|---|
Aminister | to give a medication |
Administrative Law | establishes agencies that are given the power to make laws and enact regulations |
Agents | person representing another |
Alternative Dispute Resolution (ADR) | an alternative to trial that encourages the parties to settle their differences out of court |
Civil Law | law related to actions between individuals |
Common Law | laws developed in England and brought to the united states by the early settlers (judge-made law) |
Constitutional Law | laws that are made by the constitution of the united states or individual states. |
Contract Law | refers to agreements between individuals and entities that are binding |
Criminal Law | law related to wrongs committed against the welfare and safety of society as a whole |
Defendant | person who defends action brought in litigation |
Deposition | oral testimony given by an individual with a court reporter and attorneys for both sides present; often used as part of the discovery process |
Discovery | the time in which both [parties are allowed access to information and evidence related to a legal case follows the subpoena process |
Dispense | prepare and give out medication to be taken at a later time |
Emancipated Minors | persons under age 18 years old who are financially responsible for themselves and free of parental care |
Expert Witness | individual with highly specialized knowledge and skills in particular area who testifies to a standard of care |
Expressed Consent | permission given either verbally or in writing |
Expressed Contract | written or verbal contract that specifically describes what each party in the contract will do |
Felony | serious crime such as murder, larceny,assault and rape |
Health Insurance Potability and Accountability (HIPPA) | government rules, regulations and procedures resulting from legislation designed to protect the confidentially of patient informatin |
Implied consent | consent assumed by the health care provider , typically in an emergency that threatens the patients life. also occurs in more subtle ways in the health care environment |
Implied contract | contract indicated by actions rater than words |
Incompetence | a legal term indicating a person who is not able to manage his/hers affairs due to low IQ mental deterioration, illness, psychosis, it may sometimes indicate physical disability |
Informed | |
Interrogatory | a written set of questions that must be answered, under oath, within specific time period, part of the discovery process |
Intimate partner violence (IPV) | to violence or abuse between a spouse or former spouse or relationship |
Libel | false and malicious writing about another constituting a defamation of character |
Litigation | court action |
Malfeasance | conduct that is illegal or contrary to an officials obligations |
Malpractice | professional negligence |
Mature minors | a person, usually younger than 18 years, who is able to understand and appreciate the consequences of treatment despite his or her young age |
mediation | dispute resolution that allows a facilitator to help the two parties settle their differences and come to an acceptable solution |
medically indigent | clean and free from infection |
minor | person who has not reached the age of majority usually 18 years |
misdemeanor | a lesser crime, vary from state to state in their definition, punishment is usually probation or a time of public service and a fine |
misfeasance | a civil law term referring to a lawful act that is improperly or unlawfully executed |
negligence | failure to exercise a certain standard of care |
non-compliant | describes one who fails to follow a required command or instruction |
non-feasance | a civil law term referring to the failure perform an act,official duty,or legal requirement |
Patient self-determination Act (PSDA) | the act that includes the advance directive giving patients the right to be involved in their health care decisions |
Plaintiff | person bringing charges in litigation |
Precedents | refers to ruling made at an earlier time and include decisions made in a court,interpretations of a constitution, statutory law decisions |
Prescribe | to order or recommend the use of a drug, diet, or other form of therapy |
Risk Management | techniques adhered to in the ambulatory care setting that keep the practice , its environment , its procedures as safe for the patients as possible. proper risk management also reduce the possibility of negligence that leads to torts and malpractice suit |
Slander | false and malicious words about another constituting a defamation of character |
Statutory Law | refer to the body of laws establish by states |
Subpoena | written command designated a person to appear in court under penalty for failure to appear |
Tort | wrongful act that results in injury to one person by another |
Tort Law | Law that stems from Tort/ wrongful act that causes harm to one person , by another |