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CCMA CH 17
CCMA CH 17 REVIEW
| Term | Definition |
|---|---|
| criminal law | rules and statutes that define wrongdoings against the community as a whole |
| misdemeanors | less serious and carries lesser penalty (fine or imprisonment for less than a year |
| felony | more serious (ex. murder) ; stiffer penalty - prison for longer than a year, even death sentence |
| battery | intentional touching or use of force in a harmful manner, without individual's consent |
| plaintiff | individual that files a lawsuit to initiate a legal action |
| defendant | person that is being sued or accused of a crime in a court of law |
| `subpoena | a written order that commands someone to appear in court to give evidence |
| deposition | a formal statement in which the individual who is being deposed promises to tell the truth ; used in court proceeding often |
| civil law | most medical malpractice cases ; governs private rights of individuals, corporations, and gov bodies ; includes cases involving contracts, family matter, and property issues |
| mutual assent | an agreement by all parties to contract, must prove there was an offer and acceptance |
| consideration | a benefit of some type for entering into the contract, such as financial reimbursement |
| capacity | parties must be legally able to contract (legal age and of sound mind) |
| legally | subject matter must be legal |
| when a party fails to hold up their part of the contract... | they may be sued for breach of contract |
| medical consent forms often include... | - risks associated w/ procedure - unsatisfactory disclosure statements, stating that the provider does not guarantee satisfactory results (often for cosmetic) |
| medical consent forms purpose... | - no fines or imprisonment - may receive monetary rewards for injuries sustained, medical expenses, lost wages, pain/suffering due to negligence |
| administrative law | form decisions, rules, regulations, and order created by administrative agencies under direction of executive branch of gov |
| administrative law is... | responsible for protecting civil rights, privacy, and safety of its citizens (ex. HIPAA) |
| Affordable Care Act (ACA) | reform health care by providing more American with affordable health insurance to ultimately curb growth in health care spending |
| Occupational Safety and Health Administration (OSHA) | employers are accountable for providing a safe and healthy workplace for employees through standards, education, training, etc. |
| Health Insurance Portability and Accountability Act (HIPAA) | gives patients rights over their health information and sets rules/limits on who can look at and receive patients' private information |
| Controlled Substances Act (CSA) | a federal policy that regulates the manufacture and distribution of controlled substances (narcotics, depressants, stimulants) there are 5 schedules based on likelihood for abuse, status in international treaties, and medical benefits |
| Title VII of Civil Rights | prohibits an employer with 15 or more employees from discriminating on the basis of race, national origin, gender or religion |
| Equal Pay Act | mandates same pay for all people who do substantially equal work regardless of sex |
| Americans with Disabilities Act (ADA) | forbids discrimination against any applicant or employee who could perform a job regardless of disability ; requires employer to provide accommodations that are necessary to help the employee perform the job successfully, unless burdensome |
| Family Medical Leave Act (FMLA) | federal law that requires certain employers to give time off to employees for familial or medical reasons |
| The Joint Commission (TJC) | accreditation with TJC helps organizations position for the future of integrated care, strengthen patient safety and quality of care, improve risk management and risk reduction, and provide the framework for organizational structure and management |
| standard of care | degree of care of competence that one is expected to exercise in a particular circumstance or role |
| negligence | failure to do something that a reasonably prudent individual would do under similar circumstances - uses standard of care to decide whether provider was negligent - expert witnesses used in legal trial to proof if the standard of care was met |
| a tort | an action that wrongly causes harm to an individual but it is not a crime and is dealt with in a civil court, intentional or negligence |
| intentional | deliberate act that violates rights of another - assault, battery, defamation of character, invasion of privacy, administering an injection w/o consent of patient - plaintiff doesn't need to prove intention to harm, just willful act |
| defamation of character | hurting someone's reputation slander - verbal defamation libel - written defamation |
| negligence | common tort in malpractice case res ipsa loquitur - "it speaks for itself" : it was obvious burden of proof lands on the defendant |
| respondeat superior | doctrine that states employers are responsible for the actions of their employees when actions are performed within the constraints of their position - came from common law "master-servant rule" |
| negligent torts are... | unintentional |
| Four D's of Negligence | - duty existed - dereliction of duty - misconduct of defendant was direct cause of injury - damages (usually substantial) occurred as result of misconduct) |
| violation of state medical practice can result in provider being accused of... | - malfeasance - misfeasance - nonfeasance |
| malfeasance | performance of an unlawful, wrongful act (ex. performing a procedure on wrong patient) |
| misfeasance | performance of lawful action in an illegal or improper manner (ex. performing a procedure on the correct patient, but doing so incorrectly) |
| nonfeasance | failure to perform a task, duty, or undertaking that one has agreed to perform or has a legal duty to perform (ex. waiting to treat a patient until it is too late) |
| consent | act of reason - person giving consent must be of sufficient mental capacity and be in possession of all essential information to give valid consent - must be free of force or fraud (actions that purposely intend to deceive someone) |
| implied consent | a voluntary agreement with an action proposed by another (ex. a patient rolling up their sleeves to give blood) |
| informed consent | clear and voluntary indication of preference or choice ; oral or written and freely given in circumstances where the available options and their consequences have been made clear (ex. patient signing consent forms prior to a procedure) |
| patient privacy measures | - never leave confidential patient information on a fax machine - shred medical documents when necessary - fax machine, copier, and computer not visible to patients - never release medical record w/o patient's written consent (unless legally binding) |
| HIPAA | pt has a right to a copy of their information, ensure their medical record is correct, know who has access to their record |
| Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH) | - provides barriers to information exchange - dictates nationwide use of health information technology to encourage an effective marketplace, improved competition, and consumer care |
| medical record storage and retention laws | - must be stored and retained in compliance with state laws - HIPAA requires to be retained for a minimum of 6 years - state laws overrides federal law |
| medical record storage and retention laws : violation | anyone can file a privacy complaint to the Office of Civil Rights (OCR) within 180 days of when known privacy violation occurred (cannot be in retaliation) - OCR will investigate and can impose fines from $100-$250,000 |
| mandatory reporting laws: breach of privacy... | must be reported unless there is a low probability that the health information has been compromised based on a risk assessment |
| risk assessment | - nature and extent of PHI involved (types of likelihood of re-ID) - unauthorized person who used the PHI or to whom the disclosure was made - whether the PHI was actually acquired or viewed - the extent to which the risk to PHI has been mitigated |
| mandatory reporting laws: 3 exceptions | - unintentional acquisition, access, or use of PHI - unintentional disclosure of PHI - good-faith belief that the unauthorized person whom the impermissible disclosure was made would not have been able to retain the information |
| patient beliefs | - patients may have religious and personal beliefs/values that affect their decisions surrounding healthcare - regardless of their beliefs, they must receive standard care |
| provider beliefs | may be violated as a result of performing duties associated with employment but whether the MA agrees or not, it doesn't give them the right to ridicule or treat the patient differently |
| medical directives | consist of a set of requests that patients put in writing for their provider, family, and other healthcare professionals to carry out surrounding end-of-life medical treatment |
| medical directives part 1 | - provider must review and comply w/ directives - health care agent may be defined and will make decisions on the patient's behalf - as MA, you may need to ask if they have medical directives |
| medical directives part 2 | - if patient is hesitant to complete a form, remind them it can be change later, but most forms are completed prior to appointment - copy given to family, hospital, and providers - stored in protected safe place ; several copies should be available |
| medical directives types | - living will - durable power of attorney for health care - do-not-resuscitate (DNR) - organ and tissue donation |
| living will | legal document stating what procedures patient would want, which ones they wouldn't want, and under what conditions they wouldn't want the provider to do organ and tissue donation, dialysis, blood transfusions, and DNR orders |
| durable power of attorney for health care | legal document naming health care agency or proxy to make medical decisions for patients when t hey are not able to do so ; more specific than a living will |
| do-not-resuscitate (DNR) | orders indicate to the medical staff not to return the patient's heart to norm rhythm if it stops or is beating unevenly |
| organ and tissue donation | order allow organs or body parts from a healthy person to be transferred to people who need them |
| health care proxy or agent is... | person assigned to make health care decisions for the patient if they are incapacitated - once there is one in place, make sure all parties have a copy of the document |
| MOLST | medical document that specifies which treatments will be allowed during end-of-life care ; provider must sign off ; also move in with patient if t hey move facilities, bright pink in color |
Created by:
linju156
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