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MA Chapter 5

Chapter 5 - Legal and Ethical Issues

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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