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Stack #3923178
Law and Ethics Midterm
| Accreditation | The action or process of recognizing someone as having a particular status or being qualified to perform a particular activity |
| Administrative Law | Enabling statues enacted to define powers and procedures when an agency is created |
| Assumption of risk | A legal defense that holds the defendant is not guilty of a negligent act, since the plaintiff knew of and accepted beforehand any risks involved. |
| Beneficence | Refers to the acts health care practitioners perform to help people stay healthy or recover from an illness |
| Bioethics | A discipline dealing with the ethical implications of biological research methods and results |
| Caveat Emptor | The principal that the buyer alone is responsible for checking and suitability of goods before a purchase is made |
| Certification | A voluntary credentialing process whereby applicants who meet specific requirements may receive a certificate |
| Law | Rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority |
| Liable | Legally responsible or obligated |
| Litigious | Prone to engage in lawsuits |
| Malfeasance | The performance of a totally wrongful and unlawful act |
| Managed Care | A system in which financing, administration, and delivery of health care are combined to provide medical services to subscribers for a prepaid fee |
| Misfeasance | The performance of a lawful act in an illegal or improper manner |
| Moral Value | One's personal concept of right and wrong, formed through the influence of the family, culture and society |
| Negligence | An unintentional tort alleged when one may have performed or failed to perform an act that a reasonable person would not or would have done in similar circumstances |
| Nonfeasance | The failure to act when one should |
| Common Law | The body of unwritten law developed in England, primarily from judicial decisions based on custom and tradition |
| Comparative Negligence | An affirmative defense claimed by the defendant, alleging that thte plaintiff contributed to the injury by a certain degree |
| Confidentiality | The act of holding information in confidence, not to be released to unauthorized individuals, |
| Consent | Permission from a patient, either expressed or implied for something to be done by another |
| Constitutional Law | Law that derives from federal and state constitutions |
| Contributory Negligence | An affirmative defense that alleges that alleges that the plaintiff, through a lack of care, caused or contributed to his or her own injury |
| defendant | The person or party against whom criminal or civil charges are brought on in a lawsuit |
| Deposition | Sworn testimony given and recorded outside of the courtroom during the pretrial phase of a case |
| Doctrine of informed consent | The legal basis for informed consent, usually outlined in a state's medical practice acts |
| Emergency | A type of affirmative defense in which the person who comes to the aid of a victim in an emergency is not held liable under certain circumstances |
| Ethics | Standards of behavior, developed as a result of ones concept of right or wrong, |
| Nonmaleficence | As paraphrased from the Hippocratic oath, means the duty to "do no harm" |
| Open access plan | Subscribers may see any in network provider without a referral |
| Plantiff | The person bringing charges in a lawsuit |
| Precedent | Decisions made by judges in the various courts that become rule of law and apply to future cases, even though they were not enacted by a legislature; also known as state law |
| Primary care physician | The physician responsible for directing all of a patients medical care and determining whether the patient should be referred for specialty care |
| Prosecution | The government as plaintiff in a criminal case |
| Reciprocity | The process by which a professional license obtained in one state may be accepted as valid in other states prior agreement without reexamination |
| Protocol | A code prescribing correct behavior in a specific situation, such as a situation arising in a medical office |
| Release of tortfeaser | A technical defense to a lawsuit that prohibits a lawsuit against the person who caused an injuy if he or she was expressly released from further liability in the settlement of a suit against |
| Res ispa loquitur | "the thing speaks for itself" |
| Res judicata | "The thing has been decided" |
| Felony | An offense punishable by death or by imprisonment in a state or federal prison for more than one year |
| Fidelity | Being faithful to the scope of practice for your profession |
| fraud | dishonest or deceitful practices in depriving, or attempting to deprive another of his or her rights |
| Health Maintenance Organization (HMO) | a health plan that combines coverage of health care costs and delivery of health care for a prepaid premium |
| Health savings account | Offered to individuals covered by high deductible health plans, these accounts let these individuals save money, tax free, to pay for medical expenses |
| Implied contracts | Legally binding obligation that derives from actions, conduct, or circumstances, of one or more parties in an agreement |
| Informed contracts | legal contract that outlines the terms of an agreement between two parties |
| Jurisdiction | The power and authority given to a court to hear a case and to make a judgement |
| Respondant superior | "let the master answer" a doctrine under which an employer is legally liable for the acts of his or her employees if such acts were performed within the scope of the employees duties |
| Statue of limitations | that period of time established by state law during which a lawsuit may be filed |
| statuatory law | law passed by the US Congress or state legislatures |
| subpoena duces tecum | a legal document requiring the recipient to bring certain written records to court to be used as evidence in a lawsuit |
| subpoena | a legal document requiring the recipient to appear as a witness in court or to give a deposition |
| summary judgement | a decision made by a court in a lawsuit in response to a motion that pleads there is no basis for a trial |
| tort | a civil wrong committed against a person or property excluding breach of contract |
| tortfeaser | the person guilty of committing a tort |
| veracity | truth telling |
| written contract | printed agreement between two parties that contain a full statement of all the terms and conditions to be applied in the contract |
| deceit | the action or practice of deceiving someone |
| endorsement | the act of giving ones public approval or support to someone or something |
| registration | similar to certification, individuals must meet certain educational requirements, as well as possibly successfully completing a nation exam |
| act utilitarianism | moral theory that the best action is the one that produces the best overall consequence for everyone affected |
| deontological theory | ethical theory that says actions are good or bad according to a clear set of rules |
| risk management | the taking of steps to minimize danger, hazard, and liability |
| autonomy | the capacity to be ones own person and make ones own decisions without being manipulated by external forces |
| civil law | law that involves wrongful acts against persons |
| duty oreinted theory | decision making theory that states that the rightness or wrongness of the act depends on its intrinsic nature and not the outcome of the act |
| criminal law | law that involves crimes against the state |
| critical thinking | the ability to think analytically using fewer emotions and more rationality |
| technical defense | defenses used in lawsuit that are based on legal technicalities |
| Maslows hierarchy | 1) need for basic life 2)the need for a safe and secure environment 3)need to belong and be loved 4)need for esteem 5)need for self actualization |
Created by:
sdolivier10