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Legal Issues
Ch 3
| Term | Definition |
|---|---|
| Abuse | the improper use of something or treatment of someone |
| acceptance | agreeing verbally or in writing to the terms of a contract |
| advance directives | document written in advance that states the patients wishes regarding end-of-life care |
| Affordable Care Act (ACA) | also known as Obama Care |
| agent | one that acts or has the power or authority for another |
| Americans with Disabilities Act Amendment Act (ADAAA) | is a civil rights law that was originally passed by Congress in 1990 (as the Americans with Disabilities Act-ADA) and protects individuals with disabilities from discrimination in the workplace, as well as school and other settings. |
| arbitration | judicial determination of a dispute (alternative to court action) |
| beyond reasonable doubt | being sure of guilt |
| capacity | having the mental capabilities to make health care decisions |
| common law | the body of English law as adopted and modified separately by the different states of the US and by the federal government |
| compensatory damages | damages that are recovered for actual injury or economic loss |
| conflict of interest | a situation in which a person is in a position to derive personal benefit from actions or decisions made in their official capacity. |
| consent | giving permission |
| consideration | something of value exchanged for performance or promise of performance |
| defendant | party sued in a civil law case |
| deposition | person being questioned under oath by attorney who is party to the proceeding |
| durable power of attorney | instruction from a patient to all who might need to know that the patient has empowered a representative to make heath care decisions |
| electronic medical records (EMR) | patient record in a digital format |
| electronic health records (EHR) | electronic medical records with the ability to be shared with other heath care professionals |
| emancipated minor | a person who is legally an adult |
| exploitation | the situation in which one person gains at the expense of another |
| express consent | when a patient directly communicates their consent to the physician |
| federal law | legislation enacted by Congress and signed by the president |
| felony | serious crime. can be punishable by time in prison or death |
| Genetic Information Nondiscrimination Act (GINA) | act that prohibits discrimination in group health care coverage based on genetic information |
| Good Samaritan Act | protect individuals who decide to help and save those who are injured |
| guardian | a person appointed to take care of a child or incompetent adult |
| gross negligence | carelessness to the point of recklessness |
| Health Insurance Portability and Accountability Act (HIPAA) | Ensure the confidentiality, integrity, and availability of all patient personal information |
| HIPAA Privacy Rule | federal protection of personal health information |
| HIPAA Security Rule | standards to protect electronic health records |
| implied consent | Consent when surrounding circumstances exist that would lead a reasonable person to believe that this consent had been given |
| incompetence | not having or showing the necessary skills to do something successfully |
| informed consent | agreement to do something or allow something to happen after all relevant facts are known |
| jurisdiction | the official power to make legal decisions and judgments |
| legislating | to make or enact laws |
| libel | a published false statement that is damaging to a person's reputation; a written defamation |
| living will | a document that states in advance the patients wishes as far as end of life wishes |
| locum tenens | to hold the place for |
| mature minor | Mature minor means a person less than eighteen years of age who has been determined by a qualified physician, a qualified psychologist or an advanced nurse practitioner to have the capacity to make health care decisions |
| mediation | intervention in a process by a third party |
| medical malpractice | conduct of a healthcare professional that does not meet professional competence or skills |
| misdemeanor | lesser crime punishable by a fine |
| neglect | failure of a caregiver to provide for the basic needs of another |
| negligence | lacking in due care |
| offer | a proposal to enter into an agreement with another |
| Patient Self Determination Act (PSDA) | It is the purpose of this act to ensure that a patient's right to self-determination in health care decisions be communicated and protected. |
| plantiff | the party that initiates a lawsuit |
| power of attorney | the authority to act for another person in specified or all legal or financial matters |
| preponderance of the evidence | Under the preponderance standard, the burden of proof is met when the party with the burden convinces the fact finder that there is a greater than 50% chance that the claim is true. |
| privileged communication | Privileged communication is an interaction between two parties in which the law recognizes a private, protected relationship. |
| property right | entitlement to anything that is owned by a person or entity |
| prosecution | conducting of legal proceedings against someone in respect of a criminal charge. |
| punitive damages | inflicting or intended as punishment |
| res ipsa loquitor | the rule of evidence/the thing speaks for itself |
| risk management | the forecasting and evaluation of financial risks together with the identification of procedures to avoid or minimize their impact. |
| respondeat superior | let the master answer |
| slander | spoken defamation |
| standard of care | medical "standard of care" usually means the degree of care and skill of the average health care provider who practices in the provider's specialty, taking into account the medical knowledge that is available in the field. |
| standard of proof | The degree of proof required for any fact in issue in case established by assessing the evidence.. In criminal proceedings the standard is proof beyond reasonable doubt. In civil proceedings the standard of proof is proof on the balance of probabilities |
| state law | laws enacted by state legislature and signed by governor |
| statute | a law passed by the legislative branch of a government |
| statute of limitations | Statutes of limitations define the time period in which a lawsuit or other civil action must be filed, as measured from the date of the incident |
| statutory law | law made by congress |
| subpoena duces tecum | a writ ordering a person to attend a court and bring relevant documents |
| supremacy clause | It prohibits states from interfering with the federal government's exercise of its constitutional powers, and from assuming any functions that are exclusively entrusted to the federal government |
| Uniform Anatomical Gift Act (UAGA) | an act established in 1968 to standardize state laws on the donation of organs and tissues from cadavers; it is based on the premise that an individual should be able to control the disposition of his or her own body after death |
| vicariously liable | Vicarious liability is a legal doctrine under which parties can be held indirectly liable for an injury, even though they did not cause it. someone may be legally responsible for a plaintiff's medical bills, lost wages, pain and suffering and other losses |
| wounds of violence | physical injury due to a firearm |
| wrongful death | death of someone due to an unlawful act |
Created by:
ewinstonwatters
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