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MA Chapter 5
Chapter 5 - Legal and Ethical Issues
| Question | Answer |
|---|---|
| This is a rule of conduct established and enforced by an authority or governing body. | Law |
| What names someone who will make decisions regarding medical care on a person's behalf if the person is unable to do so? | Durable power of attorney |
| This is a process in which the opposing sides choose a person or persons outside the court system, often with special knowledge in the field, to hear and decide a dispute. | Arbitration |
| This is Latin for "let the master answer." | Respondeat superior |
| What is malfeasance? | An unlawful act or misconduct |
| This means "the thing speaks for itself" and refers to a case in which the licensed practitioner's fault is completely obvious. | Res ipsa loquitur |
| This is a court order to produce specific, requested documents at a certain place and time to be entered into court records. | Subpoena duces tecum |
| What is nonfeasance? | Failure to perform an act that is one's required duty or that is required by law |
| What includes promises to use the form of treatment believed to be best for the patient, to refrain from harmful actions, and to keep a patient's private information confidential? | The Hippocratic Oath |
| State reporting requirements include certain communicable diseases, including AIDS. Addressing these state requirements are a physician's what? | Public duty |
| This is a standard of behavior and a concept of right and wrong beyond the legal consideration in any given situation. | Ethics |
| What are formed through the influence of family, culture, and society, and serve as a basis for ethical conduct? | Moral values |
| What is battery? | Any bodily contact made without permission (including administering injections, physical exams, or suturing a wound). |
| What is defamation? | The act of damaging a person's reputation by making public statements that are both false and malicious |
| This consists of deceitful practices in depriving or attempting to deprive another of their rights, usually for the gain of another. An example of this is promising "miracle cures." | Fraud |
| The _________ ____ ________ for medical malpractice is generally 1 to 4 years from the act or occurrence of injury, or 6 months to 3 years from discovery. | Statute of limitations |
| This deals with ethical issues that arise related to medical advances. | Bioethics |
| ________ minors and those who are self-supporting and not living with parents are allowed to give informed consent. | Mature |
| In legal terms, unintentional torts constitute what? | Negligence |
| This act states the guidelines to be followed when a person wishes to donate one or more organs. | Uniform Anatomical Gift Act |
| What would be used to determine what a patient that is comatose would want done in that situation? | Advance directive |
| What act is followed by a provider when they are discussing whether or not a patient has an advance directive? | Patient Self Determination Act |
| What type of consent are words used to give permission for a procedure? | Expressed consent |
| What is an emancipated minor? | Under 18, not living with parents, self-supporting |
| What word is used to describe someone who is unable to understand the meaning and concepts of a contract? | Incompetent |
| What is the Latin term for someone hired to step in for a provider when they must take a leave of absence so they are not charged with abandonment? | Locum tenens |
| Which party makes the claim or charge in a lawsuit? | Plaintiff |
| Which party is the accused party in a lawsuit? | Defendant |
| What is a deposition? | Sworn statement used to prepare for a trial |
| In some states, mature minors can make their own decisions regarding what? | Contraceptives |
| A healthcare professional who stops care without providing an equally qualified substitute is guilty of what? | Abandonment |
| How should you terminate the care of a patient? | Send a letter through certified mail |
| A licensed practitioner who fails to comply with the standards of the profession is considered to be what? | Derelict |
| This includes identifying and tracking risk areas, developing risk improvement plans, monitoring risks, and performing risk assessments to determine how risks have changed. | Risk management |
| What constitutes USE of PHI? | Sharing, analyzing, utilizing, and examing |
| What constitutes DISCLOSURE of PHI? | Releasing |
| When a patient sues a physician, the patient automatically gives up the right to what? | Confidentiality |
| The American Hospital Association created a list of standards that patients can expect in healthcare called what? | Patient Care Partnership |
| Malpractice lawsuits are part of _______ law, coming under the heading of _______. | Civil, tort |
| What is defined as a civil wrong committed against a person or property that causes physical injury or damage to someone's property, or that deprives someone of their personal liberty or freedom? | Tort |
| Direct cause occurs when it can be proven that damage was directly caused by a physician's what? | Breach of duty |
| What type of contract is created by a person's behavior (such as lifting a sleeve for a BP cuff)? | Implied contract |
Created by:
sbush06
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